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Major work affecting a significant component of the common areas, exceeding routine maintenance and resulting in exceptional expenditure due to its scope, complexity, or cost. This work primarily concerns structural elements (beams, load-bearing walls), the building envelope (roof, exterior walls), and essential systems (heating, electricity, plumbing, elevators, and shared mechanical or electronic systems). These interventions aim to correct significant deterioration or replace a component that has reached the end of its useful life.
WHAT YOU SHOULD KNOW! Their funding is exclusively provided by the contingency fund, in accordance with Articles 1071 and 1072 of the Civil Code of Québec.
WHAT TO KEEP IN MIND: In accordance with Article 3 of the Regulation establishing various rules regarding divided co-ownership, they must be identified in the maintenance log, which includes an estimate of the condition and remaining lifespan of the components, as well as a plan for repairs and replacements over a minimum horizon of 25 years, with an indication of the planned year of execution.
12/05/2025
A judgment rendered on April 17, 2025, by the Court of Québec in the case Syndicat des copropriétaires du Château Nasso c. Setareh (2025 QCCQ 1286) strongly reaffirms the legal obligations incumbent upon co-ownership syndicates regarding the maintenance and repair of both common and private portions. This decision is part of…...
15/12/2024
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 :…...
01/10/2024
Recently, I was confronted with a situation that raises important questions regarding insurance in divided co-ownership. After a loss caused by torrential rains, a co-owner refused to allow the contractor designated by the insurer to intervene in their private portion, preferring to hire their own contractor. This case led me…...
25/06/2024
With the entry into effect of the Civil Code of Québec in 1994, the legislator introduced the obligation for every syndicate of co-owners to have a contingency fund in order to anticipate and to finance the future expenses to repair and to replace the common portions; this fund is strictly reserved…...
16/06/2024
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…...
17/04/2024
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…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur explique le concept du Fonds de prévoyance. Il rappelle qu’avec l’entrée en vigueur du Code civil du Québec, en 1994, le législateur québécois a introduit l’obligation, pour tout syndicat de copropriétaires, de se doter d’un « fonds de prévoyance ». Ce fonds…...