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 by-laws of the immovable (declaration of co-ownership) generally include strict rules, limitations and even prohibitions concerning work that can be undertaken in a private portion. This explains why, in many cases, the co-owners require prior authorization from the board of directors. This decision-making body has the power to approve several types of work that co-owners would like to do in their apartment.
When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the general meeting of co-owners to have it undertaken, even if the work is carried out in his private portion. This authorization generally requires a double majority vote. Failure to comply with this rule could result in a co-owner being ordered to restore the premises to their original state or even to pay damages.
The General Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership. It takes important decisions to ensure its proper operation, including the election of directors.
Its exclusive powers
The General Meeting of co-owners has powers separate from those of the Board of Directors. It is the Civil Code of Québec and the declaration of co-ownership (Constituting Act) that dictates the powers and responsibilities conferred to it.