Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest”. In the event that the latter fails to maintain and preserve the immovable, the syndicate may incur civil liability.
This means that it is bound to have the necessary work carried out to prevent deterioration of the common portions of the immovable. The declaration of co-ownership and other legal provisions impose this obligation.
An indispensable co-ownership document, the maintenance and management logbook is in essence a register tracing the building history, as well as a register of all the operations already carried out or forthcoming thereon. Even though not mandatory, it increases a co-ownership’s resale market attractiveness. In addition, the directors, by availing themselves of such a logbook, demonstrate their concern for good governance and sound management.