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The new provisions introduced by Bill 16 will bring about many changes regarding the contingency fund in a co-ownership. It will be mandatory to obtain a contingency fund study, which will establish the necessary amounts so that the fund is sufficient to cover the estimated cost of major repairs and replacement of the common portions (art. 1071 of the Civil Code of Quebec). The miminal content of this study and the professionals who will be…...
Article 1071 of the Civil Code of Québec states :" The syndicate establishes, according to the estimated cost of major repairs and the cost of replacement of common portions, a contingency fund to be used exclusively for such repairs and replacement. The fund must be partly liquid and be available at short notice, and its capital must be guaranteed. The syndicate is the owner of the fund, and the fund’s use is determined by the board of directors.». Each…...
As beautiful as it may be, a new co-ownership will age and eventually require major repairs. In Quebec, however, about half of the syndicates of co-owners do not have any management tools to adequately fund the contingency fund. This issue, which can sometimes have financially disastrous consequences for certain co-owners, should soon be resolved by the requirement to obtain a contingency fund study, to which the syndicates of co-owners will be subject due to upcoming…...
Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct or indirect. This can obviously be the co-owners and members of their family, but also all those who live there, tenants or occupants. The scope…...
Work to be carried in common portions is to be undertaken by the syndicate of co-owners. In its capacity of the client, he is the instigator and the beneficiary thereof. It prepares the specifications and consequently the needs, the budget, the provisional calendar and the objectives to be achieved. In relation to such work, the syndicate should always be governed by its mission. It should never act as a substitute for the general contractor, such…...
In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Quebec states that a co-owner may be indemnified by the syndicate, if the work was carried out at the request of the latter. This article lists the grounds for indemnification, namely the permanent diminution in…...
The syndicate's right of access to a private portion must be exercised in a reasonable manner. Work to be undertaken by the latter, even when justified, requires that the occupants of the apartment be notified before the work starts. Thus, it will be necessary to warn them in advance so that they can prepare accordingly. In any case, the syndicate must generally respect a notice period, which may vary depending on whether it concerns a co-owner, a tenant…...
The directors of a co-ownershipmay, eventually, be required to enter a co-owner’s private portion. Article 1066 of the Civil Code of Québec obliges the co-owner, as well as their tenant or any other occupant, to accept work within their private portion. This applies particularly to urgent or conservation work aimed at ensuring the longevity of the building. It also includes necessary preliminary inspections for the preservation of the building and the safety of the occupants. Therefore, every co-owner…...
In a co-ownership setting, certain renovations or modifications made by a co-owner may impact the common portions, necessitating specific procedures and approvals. When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the meeting of the co-owners to have it undertaken, even if the work is carried out in his private portion. This authorization requires a vote, the majority of which is greater than that required for the…...
Many co-owners mistakenly believe they have free rein when they want to relocate their kitchen, renovate electrical or plumbing installations, or demolish a wall in their residential unit. However, the by-laws of the immovable (declaration of co-ownership ) generally include strict guidelines, limitations, and even prohibitions concerning work that could be undertaken in a private portiob. This is why such work often requires prior approval from the board of directors. This decision-making body has the power…...
