27 Articles
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…...
The work to be done in the common portions is subject to rules that it is useful to know in detail. The syndicate of co-ownership acts in this matter through its two bodies, the board of directors and the meeting of the co-owners. It is the responsibility of the board of directors to analyze the scope and budget of the work and to organize, when required by law, a general assembly of co-owners (annual or special meeting) to vote by…...
Co-ownerships must set up a contingency fund to finance future work expenses. When it comes to major repairs or the replacement of the common portions, consideration is given to the obligation imposed on the syndicate to preserve the building and its corollary: the constitution of a contingency fund. This fund is funded by a mandatory contribution made by each co-owner to the contingency fund. This will vary depending on the calculation method chosen by the…...
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…...
Choosing a contractor is a crucial step that should not be taken lightly! Indeed, renovation and construction work constitute a significant budget item, and it is essential that the board of directors takes measures to choose a reliable contractor, ensuring transparency and competitiveness for co-owners. A well-structured and rigorous process is key to avoiding unpleasant surprises and ensuring the quality of the work carried out. Furthermore, a well-conducted call for tenders process can not only…...