Definition : Common portion - Maintenance

Action of keeping the common portions of the immovable in a good state of repair and of preventing their degradation. Under article 1039 of the Civil Code of Québec, the syndicate of co-owners has the obligation to ensure the preservation of the immovable and, by the same token, the maintenance of common portions. Common portions maintenance concerns, a priori, both the common portions and the common portions for restricted use, as the law does not distinguish between them.

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As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.      
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Un syndicat a des obligations en termes d’entretien des parties communes. En vertu de l’article 1039 du Code civil du Québec, il a l’obligation de veiller à la conservation de l’immeuble et, par le fait même, à l’entretien des parties communes.
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