- Work : Work in the private portions
Definition : Work - Work in the private portions
Work that is initiated by a co-owner in his private portion. This right granted to co-owners to carry out work is subject to certain restrictions: compliance with the by-laws of the immovable and with the destination of the immovable, as well as the obligation not to infringe upon the rights of the other co-owners.
WARNING ! The by-laws of the immovable may provide conditions for the execution of such work (e.g. the submission of plans, the authorization by the board of directors, etc.).
All co-owners should supply a duplicate of the keys to their apartment to the directors of the co-ownership. The law is silent on this issue, but most declarations of co-ownership have a provision that imposes this rule upon co-owners, tenants or any other occupant of the immovable. These keys must be given to a representative of the board of directors or to the condo manager.
In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Québec states that a co-owner may be indemnified by the syndicate, if the work was carried out at the request of the latter. This article lists the grounds for indemnification, namely the permanent diminution in the value of his fraction, a grave disturbance to enjoyment, even if temporary, or through deterioration to the private portion.
The syndicate’s right of access to a private portion must be exercised reasonably. Work to be undertaken by the latter, even when justified, requires that the occupants of the apartment be notified before the work starts. Thus, it will be necessary to warn them in advance so that they can prepare. In all cases, the syndicate will generally have to respect delays that may differ depending on whether the occupant is a co-owner or a tenant
The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of Québec provides that no co-owner may interfere with carrying out, even inside his private portion work required for the preservation and which is necessary to maintain the immovable in a good state of repairs.
Co-ownership directors can be required to enter a co-owner’s the private portion. In such cases. the latter should cooperate. Although he as the complete use and enjoyment of his private portion, and no one can infringe upon his fundamental right, he must nevertheless allow access in certain circumstances. More particularly when the syndicate needs to carry out urgent or preservation work to ensure the conservation of the immovable.
In your haste to finalize the offer to purchase, you may forget to ask the co-owner/vendor if since his purchase, improvements have been carried out in the apartment. This question is of the outmost importance as it will allow you, if this is the case, to find out if they have been carried out correctly and legally.
Le syndicat, dans le cadre de ses missions, doit autoriser, le cas échéant, tous travaux entrepris par des copropriétaires, que ce soient dans les parties privatives ou les parties communes à usage restreint. Les copropriétaires ne doivent pas oublier qu'en copropriété, certaines règles s'appliquent.
Bonjour, je souhaite remplacer le tapis de mon appartement pour faire poser un plancher de bois franc couleur hêtre. Un des administrateurs m'a dit qu'il fallait que j'obtienne l'autorisation du conseil d'administration et qu'il me ferait tout enlever et remettre à l'ancienne si jamais j'osais outrepasser leur refus potentiel. Pourtant c'est ma partie privative. Pourquoi le syndicat devrait donner son accord pour le changement du revêtement du sol de mon condo?
Login / Register to read this article