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I would like to obtain clarification regarding the maintenance of balconies in our condominium building. Originally, the balconies were constructed using treated wood, a material that requires regular maintenance, including applying a protective stain every two years to ensure their durability and aesthetic appeal. Our declaration of co-ownership states the following: "Each co-owner whose private portion is adjacent to a balcony or patio must ensure, at their expense, the proper maintenance and cleanliness of this…...
The contingency fund study for our residential tower, conducted three years ago, reveals insufficient annual co-owner contributions. These do not fully cover the building’s deterioration or fund major repairs and common area replacements. By December 31, the fund will be $100,000 short of the recommended amount. While gradually increasing contributions could eliminate the deficit and create a surplus within three years, this approach raises concerns. Question: Does the gradual replenishment of the contingency fund comply…...
We are considering a complete renovation of the lobby design in our building. This project would include replacing the finishes, adding furniture, upgrading the lighting, and possibly even hiring a designer. The estimated cost of the entire project could exceed $150,000, which raises important questions about the appropriate funding source for such a project. Question: Can such a cosmetic redesign project, while financially substantial, be financed from the funds accumulated in the syndicate's contingency fund,…...
According to some sources, the contingency fund should amount to 5% of the common expenses, which seems very insufficient to me, especially if the building will require major work in the medium term. Other recommendations suggest a figure corresponding to at least 0.5% of the building’s reconstruction value, which appears more realistic for avoiding special assessments. The expert report, which is due to be delivered shortly, will help determine the required amount more precisely. Question: While…...
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 : Can the syndicate of co-owners legally impose a levy on co-owners to create a specific fund for work on private portions, such as roofs, windows, or…...
As the manager of a co-ownership building, I received a request from some co-owners to replace their balcony railings. A discussion began regarding the possibility of financing this work from the contingency fund, with some co-owners believing that it is an improvement to the building. Others maintain that the contingency fund is reserved for major components such as the roof or windows. Furthermore, the current low capitalization of the fund raises the possibility of resorting…...
For a little over two years now, we have been the proud owners of an apartment in a small co-ownership complex. I also have the honor of serving on the board of directors, allowing me to actively participate in the life and management of our community. At our annual co-ownership' meeting last week, we discussed various important topics, one of which was the maintenance of our common portions. To ensure their proper maintenance while controlling our…...
In 2020, I asked a director if I could install a lightweight shelter (like a removable pergola) on my balcony, which is a common area with restricted use. He verbally confirmed that this posed no problem and even recommended a model. So I proceeded with the installation, without any opposition from the board for several years. However, recently, following the replacement of the directors, the syndicate sent me a formal notice ordering me to remove…...
We own a two-level apartment (a main floor and a mezzanine) in a three-story building. Initially, an open space above the kitchen, crossed by beams, created an open area up to the mezzanine ceiling. The first owner added glass panels on the beams, turning this space into a glass ceiling above the kitchen, which also serves as a floor for the mezzanine. We have no documentation confirming that this glass surface was designed to be…...
In the case of Al-Adas c. Syndicat des copropriétaires Zuni (2025 QCCQ 1308), the Court of Québec addressed a dispute regarding the allocation of costs for major work carried out on a restricted-use common area. This judgment clarifies a question frequently raised in divided co-ownership: who is responsible for paying when such a component needs to be replaced? Judge Nicholas Daudelin states unequivocally that the mere fact a co-owner has exclusive use of a common area…...
