Before starting renovation work in your apartment, keep in mind that you live in a condo. Performing such work requires that you carry out prior verifications. It is necessary to refer to the declaration of co-ownership to know the co-owner’s rights and obligations toward the syndicate. It goes without saying that your work must not affect the rights of other co-owners and occupants of the immovable. In addition, it is important to know if your work will have an effect on a common portion which may be located in your privative portion, such as a load-bearing wall, a beam, a column for the various pipes of the immovable.
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. The destination allows the determination the type of co-ownership established and defines the use(s) that can be made of the private and common portions. The destination of the immovable can be exclusively residential or commercial or residential but with the possibility of exercising professional activities. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.
The Syndicate of co-owners plays a crucial role in a co-ownership, as it is its legal representative. A legal person constituted of all the co-owners (the collectivity of the co-owner) and governed by the Civil Code of Quebec. As such, it has rights, obligations but also responsibilities. He has for object the preservation of the immovable, the maintenance and the administration of the common portions and the protection of the collective interests of the co-owners. An overview of its role and its various powers.
An indispensable co-ownership document, the maintenance and management logbook is in essence a register tracing the building history, as well as a register of all the operations already carried out or forthcoming thereon. Even though not mandatory, it increases a co-ownership’s resale market attractiveness. In addition, the directors, by availing themselves of such a logbook, demonstrate their concern for good governance and sound management.
Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. The latter can thus pool resources for the maintenance and conservation of their immovable. By seeking strength in numbers, the united syndicates of co-owners can devise effective strategies to better cope with some common expenses and achieve economies of scale
The General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and vote upon important decisions. This occurs at General Meetings of the co-owners, which is the prime democratic body in the co-ownership. Their conduct obeys certain rules of form and content. An overview of the various specific aspects of General Meetings of the co-owners.
The process leading to convening a general meeting of co-owners must be rigorously observed. It is necessary to comply with certain formal conditions and time constraints, otherwise the decisions taken during such general meeting could be invalidated. The co-owners are informed of the holding of the general meeting of co-owners by the reception of the notice of meeting. This written notice must indicate the date, time and venue of the meeting and the questions on the agenda. Depending on the nature of these questions, certain documents must be attached to said notice. Look at different aspects of calling the general meeting.
A General Meeting of the co-owners cannot take place without an agenda. To deliberate in accordance with the Law, co-owners should be able to become aware, before the General Meeting, of the questions on the agenda. This the reason why it should be annexed to the notice of call, usually prepared by the Board of Directors (Board). It contains all the questions to be tabled for deliberation during the General Meeting. This document must be clear and unambiguous to avoid legal challenges. An overview of the various specificities of the agenda.
Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the cadastral plan or the certificate of location are frequent. This difference can be explained by many factors listed in the factsheet entitled The Area of the Private Portion.