We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same question when the syndicate entrusted the management of the immovables to a professional manager: was there still a need to keep a board of directors?
Question: Are we legally required to have a board of directors?
Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?
Question: I bought my condo 3 months ago and I just attended my first meeting of co-owners. I just learned, to my great surprise, that very important work must be undertaken on the masonry of the building. My seller never told me about this work, although it is obvious that he must have known about it since all the other co-owners present at the meeting seemed to be aware of it. Could I turn against my seller because they hid this work from me and had a duty to tell me?
I want to buy a condo, but I am aware that for the most part the documents necessary for an informed purchase are in the register of the co-ownership.
Question: How can I access the register of the co-ownership? Is it for me or the seller to ask? If I have to take care of it, can I do it alone or do I need a third person to accompany me through this process?
Answer: The co-owners are entitled to have access to the register of the co-ownership, in accordance with the duties of the syndicate. However, potential buyers are deemed to be complete strangers, which explains why many syndicates do not usually allow them access.
Question: Am I obliged to use the services of the notary appointed by the developer when I am the one who pays for it? What are the rules that apply in this area: who chooses the notary instrumenting the sale? Is it the seller? Is it the buyer? Do we both have to agree on a name?
Answer: Section 26 of the Notarial Act provides, in the absence of a specific agreement, that in the case of a sale of immovable, the choice of notary is made:
To the buyer, if he pays the sale price in full (cash or with a mortgage);
To the seller, if the buyer does not pay the sale price in full (leaving a balance due to the seller).