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Set of operations or activities aimed at preserving, cleaning, keeping in good condition the common portions of the building, according to ordinary means, and this to prevent their degradation. The syndicate of co-owners has the obligation to ensure the conservation of the immovable and, by the same token, the maintenance of the common portions. The maintenance of the common portions concerns, a priori, both the common portions and the common portions for restricted use, because the law makes no distinction. However, the declaration of co-ownership may provide that the maintenance of common portions for restricted use, such as balconies, be entrusted (in part) to the co-owners who have the enjoyment. Failure to maintain the common areas implies a breach of an obligation. Article 1077 of the Civil Code of Quebec provides that the syndicate is liable for damages caused to the co-owners or third persons by the lack of maintenance of the common portions.
11/07/2019
All co-ownerships have common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code…...
17/07/2019
Works for the alteration, enlargement or improvement of the common portions are subject to a special regime. On the one hand, such work must be the subject of a formal authorization from the meeting of co-owners, by the enhanced majority of article 1097 of the Civil Code of Quebec. On the other hand, this kind…...
12/02/2015
As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at…...
03/04/2023
Since its arrival as the only mandatory guarantee plan, Garantie de construction résidentielle (GCR) has implemented various tools to improve the quality of residential construction in Quebec and increase buyer protection. As a follow-up to the first guide, the Guide d'entretien d'une habitation neuve, GCR is doing it again by…...
01/03/2024
The co-ownership (condominium) gives rise to expenses relating to the maintenance of the common portions and the day-to-day administration of the syndicate. Administrative, maintenance, replacement, improvement or alteration expenses of the common portions are divided among the co-owners of the immovable. General common expenses are to be distinguished from particular common…...
12/02/2024
The syndicate of co-owner’s mission is to ensure the preservation of the immovable and the maintenance of the common portions; to ensure that the building is in good condition, the syndicate involves various service providers. Technical and property management aim to conserve the common portions; in addition, a well-maintained immovable necessarily involves carrying out the…...
20/03/2022
The law does not establish an exhaustive list of the duties and obligations that the members of the board of directors must assume. It is the declaration of co-ownership (constituting act of the co-ownership) and certain articles of the Civil Code of Québec which, for the most part, determine them.…...
18/10/2017
It is to the board of directors as a whole, as a decision-making body, that the Civil code of Quebec confers the power to administer the affairs of the syndicate. Individual directors do not have any powers unless they have been specially authorized to do so. All decisions concerning the syndicate, the co-ownership…...
27/07/2015
The powers of the syndicate are designed according to the collective interest of the co-owners and find their limits in respect of the individual rights of the co-owners guaranteed by the declaration of co-ownership and by the Charter of Human Rights and Freedoms (e.g.: the inviolability of the home). These…...