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In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Quebec states that a co-owner may be indemnified by the syndicate, if the work was carried out at the request of the latter. This article lists the grounds for indemnification, namely the permanent diminution in…...
Work to be carried in common portions is to be undertaken by the syndicate of co-owners. In its capacity of the client, he is the instigator and the beneficiary thereof. It prepares the specifications and consequently the needs, the budget, the provisional calendar and the objectives to be achieved. In relation to such work, the syndicate should always be governed by its mission. It should never act as a substitute for the general contractor, such…...
Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct or indirect. This can obviously be the co-owners and members of their family, but also all those who live there, tenants or occupants. The scope…...
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…...
Article 1071 of the Civil Code of Québec states :" The syndicate establishes, according to the estimated cost of major repairs and the cost of replacement of common portions, a contingency fund to be used exclusively for such repairs and replacement. The fund must be partly liquid and be available at short notice, and its capital must be guaranteed. The syndicate is the owner of the fund, and the fund’s use is determined by the board of directors.». Each…...
The new provisions introduced by Bill 16 will bring about many changes regarding the contingency fund in a co-ownership. It will be mandatory to obtain a contingency fund study, which will establish the necessary amounts so that the fund is sufficient to cover the estimated cost of major repairs and replacement of the common portions (art. 1071 of the Civil Code of Quebec). The miminal content of this study and the professionals who will be…...
Replacing windows, reroofing or rehabilitating underground parking slabs, to name but a few, is usually very expensive. Upgrading the common portions generally represents significant costs for the co-ownership and managing them can be complex. This reality is accentuated by the aging of Quebec's housing stock and the new obligations introduced by Bill 16. For this reason, the contingency fund study must set out the financial parameters that will make it possible to calculate the required…...
The Asset Management Plan (AMP) is a comprehensive process for ensuring the conservation and maintenance of real property assets. This plan details the information regarding the common elements and the measures required to provide an agreed-upon level of service in the most cost-effective manner, while describing the associated risks. In particular, the AMP defines the intervention scenario to maintain the asset, quantifies the cost of its implementation and establishes the financing strategy, generally over a…...
In the case of contingency funds, a syndicate of co-owners must have guidelines for the investment of the sums accumulated in the fund. It must clearly define the return and risk objectives for a given period while taking into account constraints such as liquidity needs, the legal context and exceptional circumstances. This task is delicate, because a syndicate of co-owners acts asadministratorofthe property of others. That is why it must submit to restrictive and precautionary…...
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…...
