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Work completed in a private portion and which have the effect of increasing its value by the addition of certain components or the use of higher quality materials to those included or provided during construction.
WHAT YOU SHOULD KNOW! Article 1070 C.c.Q. provides the obligation for a syndicate (constituted since June 13, 2018) to keep at the disposal of the co-owners "a description of the private portions that is sufficiently precise to allow any improvements made by the co-owners to be identified". It is also provided that the same description may be valid for several private portions, when they have the same characteristics. This description is commonly referred to as a "reference unit".
01/10/2024
Recently, I was confronted with a situation that raises important questions regarding insurance in divided co-ownership. After a loss caused by torrential rains, a co-owner refused to allow the contractor designated by the insurer to intervene in their private portion, preferring to hire their own contractor. This case led me…...
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16/09/2024
In your eagerness to finalize your offer to purchase, you may forget to ask the co-owner-seller if, over time, work has been carried out in the apartment. Yet, this question is of the utmost importance as it will allow you to ensure, as the case may be, that it has…...
10/09/2024
A representative from my home insurance provider informed me of something that doesn’t seem logical to me. According to him, if the description of the private portions, meant to distinguish the improvements made to my unit (such as hardwood floors or custom cabinets), was not voted on and approved by…...
23/07/2024
The Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners. Those duties and obligations are…...
30/03/2010
The insurance of the syndicate covers the common portions of the building as well as your private portion. In the event of a loss, it is not intended to compensate you for improvements made to your private portion. It is therefore your responsibility to ensure that these improvements are covered by…...
02/10/2021
Le mercredi 29 septembre 2021, la Webradio de Condolegal.com était entièrement dédiée à un sujet complexe : l'assurance des copropriétaires (êtes-vous bien protégés?). La question des assurances pour les copropriétaires (assurance-habitation) est un sujet délicat, car peu de copropriétaires sont conscients que ce type de produits d’assurances n'est pas homogène d'un assureur à l'autre.…...
12/02/2021
Les copropriétés qui perdent leur assureur ne sont plus des cas isolés. Si la plupart d'entre elles parviennent à en trouver un autre pour recadrer le risque, les primes et les franchises n'en demeurent pas moins substantielles....
28/01/2021
Le mercredi 27 janvier 2021, la Webradio de Condolegal.com a été consacré une émission entière à un sujet délicat pour tout syndicat de copropriétaires : doit-on toujours déclarer un sinistre ?...
02/07/2020
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09/08/2022
June 28th, 2020 - The law concerning co-ownership insurance has undergone major changes since June 2018. Section 1070 of the Civil Code of Quebec now contains a third paragraph, which provides that the syndicate keeps a sufficiently precise description of the private portions available to the co-owners, for insurance purposes, so that the improvements made by…...
30/04/2020
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09/08/2022
Bill 41 came into force on March 17, 2020. It creates a new obligation for any syndicate of co-owners formed before June 13, 2018 (the date of the publication of the declaration of co-ownership), namely the production and adoption, before June 13, 2020, of a description comprising one or more…...