The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of Québec provides that no co-owner may interfere with carrying out, even inside his private portion work required for the preservation and which is necessary to maintain the immovable in a good state of repairs.
Works necessary for the preservation of the immovable
The good state of repairs of a co-ownership also requires the syndicate to carry out periodic maintenance. It must initiate the work required to repair and replace the various components of the immovable. Other more important work concerns (more often than not) the alteration, the enlargement and the improvement of common portions. This type of work must be decided upon by the general meeting of the co-owners, in accordance with articles 1097 or 1098 of the Civil Code of Québec. Such work includes, for example, the widening of the load bearing columns, or the installation of an automatic sprinkler system in all common and private portions.
Urgent work
Urgent work may need to be carried out in a co-ownership. What is the meaning of “urgent”? The Civil Code of Québec does not define urgency. Practically, it is a situation likely to cause serious or irreparable harm to the immovable. Urgent work must be undertaken as soon as possible, to ensure the safeguard of property, such as in the event of water damage or of a fire. In short, there is an urgent need to act when the safety of property and people, the solidity and hygienic state of the immovable are at stake.
Negligence of a co-owner to see to the maintenance of his private portion
Most declarations of co-ownership stipulate that if a co-owner neglects to carry out necessary work within their private portion, the syndicate may intervene on their behalf. Article 1039 of the Civil Code of Quebec, amended by Bill 16, specifies that the community of co-owners, and by extension the syndicate of co-owners, must ensure that the necessary work for the conservation and maintenance of the building, including the private portions, is carried out.
In the event of negligence causing damage to the building or other co-owners, the negligent co-owner's civil liability could be engaged, and the work carried out by the syndicate could be financially charged to them.
For example, a co-owner might neglect to redo the roof of their private portion (in a horizontal co-ownership), replace a leaking toilet, or repair shower tiles where the grout is chipped or cracked. This could lead to water infiltration, mold, or rotting of the structure, constituting an increased insurable risk.
Furthermore, the syndicate is required, under article 1073 of the Civil Code of Quebec, to insure both the common and private portions. If a co-owner does not address these deficiencies, it could result in a reservation of coverage by the co-ownership's insurer.
WHAT YOU SHOULD KNOW ! The Law requires the syndicate to take all useful and necessary measures to ensure the sustainability of the immovable. This obligation ultimately extends to private portions.
WHAT TO KEEP IN MIND : Article 1077 of the Civil Code of Quebec provides that the syndicate is liable for damage caused to the co-owners or third persons in the case of faulty design or construction defects of the immovable, or caused by a lack of maintenance of the common portions, This explains why, in some cases, the syndicate must have access to private portions, so that the necessary work can be carried out. It will thus limit its civil liability.
WARNING ! If a co-owner insists on preventing access to his private portion, when work needs to be executed, the syndicate may request a court order to compel him accordingly. It could even require that the co-owner be ordered to pay damages, to offset an increase in the cost of the work, which can occur if it is delayed.
Back to the mega-factsheet: The work of the syndicate in a privative portion
