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Legal person representing all the owners of an immovable subject to the divided co-ownership regime.The syndicate of co-owners is governed by Civil Code of Québec and its purpose is the preservation of the immovable, the maintenance and administration of the common portions and the protection of the rights belonging to the immovable or the co-ownership, as well as all business in the common interest. This legal person must, in particular, see to it that the work necessary for the preservation and maintenance of the immovable is carried out.
09/10/2025
Le mois dernier, Yolande m’a contactée au sujet de la vente de sa maison de ville. Présidente d’un syndicat de trois copropriétés partageant une seule entrée d’eau et une mince bande de terrain, elle se dit dépassée par les nouvelles obligations issues de la réforme de la Loi sur la…...
07/07/2025
In a context where water damage is the leading cause of claims in co-ownerships, prevention has become a key issue — legally, financially, and from an insurance standpoint. The Civil Code of Québec imposes clear duties on the syndicate of co-owners when it comes to maintaining and protecting the building.…...
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…...
27/02/2025
Recently, syndicate directors entered my apartment without my permission, claiming they did not have my contact information or a copy of my keys. Upon my return, I was shocked to find that my door had been forced open and a new lock had been installed. No one had informed me…...
04/10/2024
The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by…...
03/10/2024
Le jeudi 3 octobre 2024, nous étions réunis pour une webradio exclusive qui explorait un sujet souvent méconnu : Un syndicat de copropriété peut-il générer des revenus en dehors des charges communes ? À travers cette discussion, nous avons abordé les possibilités qu’ont les syndicats de diversifier leurs sources de financement. Peut-on louer…...
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…...
23/07/2024
In general, a syndicate of co-ownership is considered a non-profit organization (NPO). As such, it benefits from a tax exemption. However, like any legal person, the syndicate of co-ownership must comply with various tax obligations, failing which it may face penalties that could have significant repercussions on the financial situation of…...
23/07/2024
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...
23/07/2024
The syndicate of co-owners is composed of all co-owners. Its powers are established in the collective interest of the co-owners, while respecting the individual rights guaranteed by the declaration of co-ownership and the Charter of Human Rights and Freedoms, particularly regarding the inviolability of the home. It acts as a legal…...
23/07/2024
The Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners. Those duties and obligations are…...
23/07/2024
The syndicate of co-owners, as a legal person, has juridical personality, which allows it to contract with third parties, hire employees, hold and dispose of property or exercise legal remedies to protect its assets and ensure the defense of the collective interests of the co-owners.He plays a crucial…...
23/07/2024
The meeting of co-owners is the gathering of all the co-owners, to make the decisions necessary for the sustainability of the building and the proper functioning of the co-ownership. It is one of the two decision-making bodies of the syndicate. This should be held at least once a year, but it…...
22/07/2024
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
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01/07/2024
The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...
30/06/2024
Initiating legal proceedings against a syndicate of co-owners is a measure of last resort, after having unsuccessfully explored private dispute prevention and resolution process. This path requires careful preparation and a thorough knowledge of the rules of law. This fact sheet is designed to guide those who are considering going…...
16/06/2024
Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and…...
28/06/2024
Over time, various maintenance or improvement works will become necessary, sometimes requiring the syndicate to access private portions, or even to carry out the work within them. To prevent any obstruction of essential work for the syndicate of co-owners, Article 1066 of the Civil Code of Québec states that no co-owner…...
23/06/2024
Every syndicate of co-owners has obligations regarding the maintenance of the common portions. The certificate of the state of the immovable is an essential step in ensuring the preservation of the immovable; it constitutes a preliminary step before seeking the services of a professional to conduct a contingency fund study. The certificate…...
16/06/2024
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…...
22/03/2024
En tant que membre du conseil d'administration de notre syndicat de copropriété, je suis fréquemment confronté à une variété de documents et communications qui emploient divers acronymes et abréviations propres au secteur de la copropriété. Dans le but d'améliorer ma compréhension ainsi que celle des autres membres du conseil, et…...
13/03/2024
Water damages are the leading cause of loss ratio in co-ownerships (condominiums); they are also becoming more and more expensive and so, whether it concerns the syndicates of co-owners or their insurers. For reference, over the past decade, the proportion of water damages has more than doubled in immovables of co-ownerships. In order to limit the…...
30/12/2023
The declaration of co-ownership is an agreement that organizes and regulates the collective life of the of the co-owners and occupants of the building; this agreement defines their rights and obligations. As it is an authentic act, it must be received by a notary; the declaration of co-ownership is often signed by…...
23/09/2023
One of our co-owners complains of a slow flow of wastewater at the toilet, the bath drain and the bathroom sink. Obviously, there is abnormal operation of the drainage system. Questions: How to determine the responsibility to pay for the unclogging of the clogged water column? Is it up to…...
16/07/2023
We had water damage that damaged an apartment. The board has agreed to pay for the repairs, but we're having trouble agreeing with the co-owner on the scope of the paint job in his apartment. We offered the co-owner the restoration of the damaged wall, but the co-owner wants all…...
19/02/2023
We are a small co-ownership of twelve units. It is recognized that periodic maintenance and replacement of water heaters in apartments is a requirement of insurers. But we have a co-owner who makes the strong head and refuses to change his own (who is more than ten years old), on…...
04/12/2022
A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some…...