October, 8, 2016 - Article 1039 of the Civil Code of Québec stipulates that the syndicate of coowners is responsible for the preservation of the immovable, its maintenance and the administration of the common portions. As a result, the initiative to undertake work in common portions comes from the syndicate, acting through its Board of Directors. This applies both to work intended to correct construction defects and work for the rehabilitation of the immovable, following a loss caused by a co-owner.
The scope of the compulsory guarantee plan
The Regulation respecting the guarantee plan for new residential buildings came into force in 1999. It is administered by the “Régie du Bâtiment du Québec” (Quebec Construction Board) (QCB). Its compulsory nature distinguishes it from the optional guarantee plans offered in the market. It applies to buildings that are entirely new, such as:
Building a condominium requires major investments on the part of a developer. This is the reason why a down payment will be required upon signing the preliminary contract for the desired condo unit. This down payment, which represents the first installment to the seller, varies according to the unit’s total price.