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As the president of a horizontal co-ownership, I have noticed confusion among co-owners. They believe that the contingency fund can cover work on private portions, such as roofs, windows, or exterior cladding. However, under the Civil Code of Québec, this fund must be used exclusively for common portions. Question : Can the syndicate of co-owners legally impose a levy on co-owners to create a specific fund for work on private portions, such as roofs, windows, or…...
A study of the contingency fund was recently conducted by a professional. This analysis highlighted two possible scenarios: 1. Scenario 1 (status quo): This scenario, which is not recommended by the professional, would maintain the current contributions but would result in a deficit within approximately fifteen years, requiring the use of special assessments. 2. Scenario 2: Recommended by the professional, this scenario involves a significant increase in condo fees to ensure the financial sustainability of…...
Questions : Can co-owners or occupants of the building be authorized by the board of directors to carry out voluntary work (such as painting the corridors, washing the windows, laying out a small gravel path, etc.), in short, limiting the number of contractors for the maintenance of the building, and this to save several thousand dollars each year? And if this is possible, what are the consequences? When it comes to liability insurance, is this…...
A co-owner carried out work on their terrace (a common portion for restricted use) without obtaining prior authorization from the board of directors. Since this work, leaks have been detected at the roof level, causing damage and posing risks to the building's integrity. This situation illustrates the limitations of co-owners' rights in restricted common portions. The board of directors asks the following questions: How can the syndicate stop this work? Who must undertake and pay…...
La facture qu’a reçue notre syndicat pour les travaux de changement des fenêtres se divise t-elle par le nombre d’unités ou selon la quote-part des copropriétaires? Il y a trois unités dans l’immeuble qui disposent de plus de fenêtres, mais ces copropriétaires ne sont pas d’accord pour payer plus que les autres. Que devons-nous faire?...
Following water damage in our building, we consulted a plumber to find the cause. The analysis revealed a malfunction in the toilet of our neighbor's apartment, indicating that a replacement was imperative to prevent other problems. Despite the plumber's clear diagnosis and the obvious proof of malfunction during his intervention – with the toilet overflowing upon the addition of just eight squares of toilet paper and requiring emergency unclogging – the concerned owner categorically refuses…...
Seven years ago, the board of directors engaged professionals to conduct a contingency fund study. Upon reviewing it, the directors at the time deemed the financial contributions required from the co-owners to the contingency fund too costly. Recently, a sale of an apartment in our building failed because the buyer was informed that the common charges had not been significantly increased. We aim to bring order to our co-ownership by adhering to the recommendations of the…...
I've recently become a co-owner. The building I live in, which is over 30 years old, has 10 units. The contribution to the reserve fund is substantial. In fact, it consumes 20% of the condominium's budget! This seems excessive to me. The other co-owners share this concern and question if this rate is justified. We fear that this financial burden might jeopardize our ability to cover other essential current expenses. If this situation persists, some…...
I would like to replace the carpet in my apartment with hardwood flooring, in order to improve the aesthetics and comfort of my residence, while increasing its long-term value. However, a director informed me that prior authorization from the board of directors was required to make this change. He also told me that if I proceeded without their agreement, they could force me to restore the original condition at my own expense. However, the floor covering…...
I would like to obtain clarification regarding the maintenance of balconies in our condominium building. Originally, the balconies were constructed using treated wood, a material that requires regular maintenance, including applying a protective stain every two years to ensure their durability and aesthetic appeal. Our declaration of co-ownership states the following: "Each co-owner whose private portion is adjacent to a balcony or patio must ensure, at their expense, the proper maintenance and cleanliness of this…...
