Original appearance and consistency of architectural elements of the building. In horizontal co-ownerships, the declaration of co-ownership (by-laws of the immovable) generally prohibits the co-owners from any aesthetic or other modification likely to break the architectural harmony of the building or to affect the uniformity of the facades. The characteristics and location of the immovable may, as well as the destination of the immovable, serve as justification for this type of restriction. Sometimes, this harmony is ensured under the terms of a servitude included in the declaration of co-ownership.
The façades of a building not only ensure its watertightness, they alare also a main component of its appearance. In addition to protecting the occupants from the elements, the façades have an identity and style. It is therefore essential to ensure their structural and architectural integrity, if major work needs to be carried out to repair or replace them. More specifically, the main façades of a building, whose history and conceptual integrity require meticulous interventions. Whether it is on a stand alone building, a co-ownership by phases or on townhouses. This is especially true in co-ownerships, where respecting the specific intention of the architect who designed the building is essential.
In addition, some façades are subject to the Building Chapter of the Safety Code (BCSC), adopted in 2013 by the Régie du bâtiment du Québec (RBQ). They must be inspected at fixed intervals and, if necessary, corrective work must be carried out to keep them safe. A review of the components that make up the envelope of a building, and which require special attention.
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A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it.
Question: What should the board do in this situation?
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By purchasing a condo (apartment) in a residential tower, you automatically become an owner in a vertical co-ownership. You can also be in a divided co-ownership, if you purchase a house (semi-detached or townhouse), built on the same lot than other individual homes. It is then called a horizontal co-ownership.
If this is the case, you may not be the sole owner of the land surrounding your home. You will therefore share with others the ownership of the private streets leading to the homes and common areas, and the common equipment such as the swimming pool and collective parking.
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