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Choosing a contractor is a crucial step that should not be taken lightly! Indeed, renovation and construction work constitute a significant budget item, and it is essential that the board of directors takes measures to choose a reliable contractor, ensuring transparency and competitiveness for co-owners. A well-structured and rigorous process is key to avoiding unpleasant surprises and ensuring the quality of the work carried out. Furthermore, a well-conducted call for tenders process can not only…...
Co-ownerships must set up a contingency fund to finance future work expenses. When it comes to major repairs or the replacement of the common portions, consideration is given to the obligation imposed on the syndicate to preserve the building and its corollary: the constitution of a contingency fund. This fund is funded by a mandatory contribution made by each co-owner to the contingency fund. This will vary depending on the calculation method chosen by the…...
The work to be done in the common portions is subject to rules that it is useful to know in detail. The syndicate of co-ownership acts in this matter through its two bodies, the board of directors and the meeting of the co-owners. It is the responsibility of the board of directors to analyze the scope and budget of the work and to organize, when required by law, a general assembly of co-owners (annual or special meeting) to vote by…...
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. Much more than a financial reserve, it embodies a form of solidarity between current and future co-owners, in order to preserve the building in its integrity. This fund belongs to the syndicate, but it engages the community of co-owners. Each contributes to ensure continuity in management…...
Work to be carried in common portions is to be undertaken by the syndicate of co-owners. In its capacity of the client, he is the instigator and the beneficiary thereof. It prepares the specifications and consequently the needs, the budget, the provisional calendar and the objectives to be achieved. In relation to such work, the syndicate should always be governed by its mission. It should never act as a substitute for the general contractor, such…...
Co-ownership work is of the utmost importance. Yet, they are more often than not overlooked by the syndicates of co-owners. Work that needs to be done in common portions can be minor or major in scope. Yet one needs money to pay for them. Good financial planning is therefore advisable in the medium and long term, so that the community of co-owners can adequately protect its real estate investment. Replacing windows, the roof or rehabilitating…...
The law has provided legislative provisions for syndicates of co-owners to ensure they are protected in the event of poorly executed work (article 1081 of the Civil Code of Quebec). The legislator aims to address the issues that may arise following a construction project. When work is carried out in common areas, the syndicate benefits from several legal guarantees. These include guarantees for poor workmanship, hidden defects, and loss of the structure. All these rights…...
The maintenance logbook, once considered and recommended as a good management practice, is now mandatory in divided co-ownership. This results from Bill 16 (2019), which incorporated article 1070.2 into the Civil Code of Québec. To govern its application, the government adopted the Regulation establishing various rules regarding divided co-ownership. Its Section I specifies the form, the mandatory minimum content, as well as the rules governing the keeping and updating of the logbook. It also sets…...
The directors of a co-ownershipmay, eventually, be required to enter a co-owner’s private portion. Article 1066 of the Civil Code of Québec obliges the co-owner, as well as their tenant or any other occupant, to accept work within their private portion. This applies particularly to urgent or conservation work aimed at ensuring the longevity of the building. It also includes necessary preliminary inspections for the preservation of the building and the safety of the occupants. Therefore, every co-owner…...
The syndicate's right of access to a private portion must be exercised in a reasonable manner. Work to be undertaken by the latter, even when justified, requires that the occupants of the apartment be notified before the work starts. Thus, it will be necessary to warn them in advance so that they can prepare accordingly. In any case, the syndicate must generally respect a notice period, which may vary depending on whether it concerns a co-owner, a tenant…...
