Definition : Common portion - Maintenance

Action of keeping the common portions of the immovable in a good state of repair and of preventing their degradation. Under article 1039 of the Civil Code of Québec, the syndicate of co-owners has the obligation to ensure the preservation of the immovable and, by the same token, the maintenance of common portions. Common portions maintenance concerns, a priori, both the common portions and the common portions for restricted use, as the law does not distinguish between them.

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All co-ownerships have  common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code of Quebec stipulates that the syndicate has the obligation to ensure the preservation of the immovable and, by the same token, the maintenance of common portions. As for the maintenance of common portions for restricted use, for example balconies, it can be entrusted (in part) to the co-owners who have the enjoyment. This reduces the use of external service providers, thereby reducing the amount allocated to common expenses.
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As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.      
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The syndicate of co-owner’s mission is to ensure the preservation of the immovable and the maintenance of the common portions. To ensure the good performance of the building, the syndicate involves various service providers (for example: a housekeeping company, an elevator operator, a building professional, etc.). Technical and property management aims at the conservation of common portions. In addition, a well-maintained building necessarily involves carrying out the necessary work to avoid the deterioration of the common portions. In the case of work, the syndicate has a central role. It puts the various service providers in competition upstream, and follows the site throughout its execution. In addition, to perform these tasks correctly, it is essential that the syndicate set up a maintenance logbook, an asset management plan and a certificate of the state of the immovable.
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