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One of the major challenges faced by syndicates of co-owners lies in the continuity of day-to-day management. Directors often change quickly, which leads to significant losses of knowledge and experience regarding the building’s history. Yet, article 1039 of the Civil Code of Quebec gives the syndicate the mission of ensuring that the necessary work for the conservation and maintenance of the building is carried out. To achieve this goal, one instrument proves truly indispensable: the…...
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…...
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…...
Works carried out in common portions concern the entire community of co-owners, which is why they are often managed by the syndicate. Not only is this action consistent with its purpose and mission (article 1039 of the Civil Code of Québec), which aims to ensure the maintenance and preservation of the immovable, but it also stems from an onerous liability that falls on the syndicate, should the works be poorly executed, for example. In this context,…...
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…...
The contingency fund, governed by article 1071 of the Civil Code of Quebec, is established based on the estimated cost of major repairs and replacement of the common portions. The Regulation establishing various rules regarding divided co-ownership, effective since August 14, 2025, sets out the modalities of the contingency fund study. These standards define who can conduct the study, how often it must be produced, and its minimum required content. The objective is to standardize…...
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. ...
Good governance of a co-ownership syndicate requires much more than occasional monitoring of repairs and maintenance. It requires proactive management, based on a strategic, comprehensive, sustainable, and preventive vision, aimed at conserving the building and planning work in an orderly fashion in the short, medium, and long term. In this context, the maintenance logbook, provided for in article 1070.2 of the Civil Code of Quebec, plays an essential and structuring role, since it makes it…...
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 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…...
