By continuing your navigation, you accept the use of cookies to have services and offers tailored to your interests.
To learn more view our Cookie Policy.
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…...
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 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…...
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…...
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…...
Article 7 of the Charter of human rights and freedoms guarantees the inviolability of a person's home. In principle, no one may have access to a co-owner's apartment without his or her consent. However, it has been rightfully ruled that this rule is not absolute. For this reason, most declarations of co-ownership require co-owners, tenants, or occupants to provide a duplicate set of keys to the board of directors or to the person mandated to preserve the…...
The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of Québec provides that no co-owner may interfere with carrying out, even inside his private portion work required for the preservation and which is necessary to…...
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…...
As in common portions, work can be carried out in common portions for restricted use, such as building a terrace upon which a co-owner would have exclusive use or transforming a balcony into an additional room attached to an apartment. If such cases, the co-owners must keep in mind that article 1063 of the Civil Code of Québec governs the use they can make of the common portions for restricted use. This article stipulates that:…...
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…...
