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 as mandating the subcontractors directly to do the work, or by interfering in the conduct of the construction site, in the place and stead of the people responsible therefor.
I am the co-owner of a new condo. Other owners and I have recently discovered cracks in the foundation of the building, as well as water infiltration in the garage. The promoter is mute, and we have not yet transferred the administration.
Question: Should we refuse to elect our first Board of Directors, until the issues identified have been corrected? And should I sell immediately before other major problems arise?
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The Law and the overwhelming majority of declarations of co-ownership require that syndicates of co-owners insure their building. This may seem surprising at first glance as the syndicate does not own the private portions nor the common portions. However, its main object is to ensure the preservation and the longevity of the building and to manage and administer it diligently following rules of the trade. This is why the legislator has given to the syndicate an insurable interest and has made it compulsory that it subscribe building insurance.