Definition : Occupant

Natural person who occupies a private portion, in this case an apartment, without being one of the co-owners of the immovable or a tenant. Anyone  who is a member of a co-owner’s household, such as a spouse or the parents of a co-owner, is considered an occupant. The same applies to a person who occupies a private portion under the terms of a loan for use,or in his capacity as usufructuary. The rights of the occupant are limited to those available to the co-owner.

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17/07/2020

Enforcing the declaration of co-ownership

The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...

Your Rights

16/07/2019

Syndicate’s Work in Private Portions

Over time, there is several maintenance or improvement work that require the Syndicate to access Private Portions, and even sometimes, work to be executed inside Private Portions. In order that such crucial work for the Syndicate of co-owners not be obstructed, Article 1066 of the Civil Code of Québec provides…...

Work
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15/06/2019

Register and archives of the co-ownership

Optimal management of a co-ownership is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...

Management
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09/08/2022

Additional insurance premium: can we blame the offending co-owner?

A co-owner has repeatedly caused several water damages  in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance.   Question:  Can the board of directors claim the full amount from the co-owner who caused the loss?...

Insurance
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14/01/2017

Abiding to the declaration of co-ownership

The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...

Syndicate
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09/08/2022

Abiding to the declaration of co-ownership

An incompatible activity When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening   its provisions.They…...

Your Rights

12/02/2015

The liability of the syndicate

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…...

Work
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30/03/2010

Co-owner's liability insurance

A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of…...

Insurance