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Many co-owners carry out work to renovate their apartments, after moving in, to make them more in tune with their tastes and personalities. Redecorating the premises and integrating new equipment,such as in the kitchen or the bathroom, is a legitimate endeavor. To know the rules to be respected, it is better to refer to the declaration of co-ownership. This is how you will have to check, before a project can begin, whether the work in…...
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…...
The contingency fund constitutes first and foremost a prevention tool. The desire to incite co-owners to anticipate the completion of important work is not news. Prior to the entry into effect of the Civil Code of Québec in 1994, it was a frequent occurrence for a co-ownership (condominium) to have a reserve fund even though the Civil Code of Lower Canada was silent on this question; the majority of declarations of co-ownership contained provisions on…...
The contingency fund is set up on the basis of forward planning limited to certain work namely that which the purpose is the preservation of the common portions; thus, this collective saving allows to finance the execution of work allowing the rehabilitation of the common portions as well as the common portions for restricted use. The contingency fund must be used to pay the cost of very specific work namely that related to major repairs or the replacement of the common portions of the immovable. ...
Section 7 of the Charter of human rights and freedoms guarantees the inviolability of a person's home. In principle, no one may have access to a co-owner's apartment without his or her consent; however, it has been rightfully ruled that this rule is not absolute and this is why most declarations of co-ownership specify that a co-owner, a lessee (tenant) or any other occupant of the immovable must leave at all times a duplicate set of keys to the board…...
Lorsque la partie privative est louée et qu'il y a nécessité d'exécuter des travaux à l'intérieur de celle-ci, le syndicat doit donner au locataire les préavis prévus aux articles 1922 et 1931 du Code civil du Québec (C.c.Q.)....
