Definition : Plans and specifications of the building (as) built

The "plans" are the technical and graphic representation, to scale, of a construction. They must be signed and sealed, by an engineer or architect, as the case may be. The "specifications” are, for their part, a document stating the scope and details of the work. They include without limitation the technical specifications and a detailed qualitative description of the materials used. The plans and specifications of the building (as) built facilitate the duty of the board of directors to maintain the building as well as its future interventions (renovation, modification and enlargement). These documents are part of the the register of co-ownership and must be made available to any co-owner upon request.

WHAT YOU SHOULD KNOW! The syndicate may, at its own expense, obtain the plans and specifications of the immovable that are in the possession of an architect or engineer, who is bound to provide them to the syndicate on request. In addition, developers must provide the syndicate of co-owners the plans and specifications showing any substantial changes made to it during construction or renovation in comparison with the original plans and specifications.

Awarding a construction contract : be careful!

May 3, 2022- The duty of maintenance and conservation of the building that falls to the administrators of a co-ownership involves one day doing business with construction contractors. Whether it is to replace the roof, renovate the entrance hall or repair brick siding and masonry, it is important to be vigilant when awarding such contracts, given their often very high costs. As agents of the syndicate, directors must act with caution, in order to protect the interests of the community of co-owners. This translates into various rules that should be followed, especially when the work is important:

Time limits for keeping documents in the register

February 22, 2022 - The archives of a co-ownership are a set of documents kept being able to manage the building, prove rights or testify to certain activities. I am sometimes asked for how long documents filed in the co-ownership register should be kept by the syndicate. This is a fair question, since the legislator has given no explicit directions on this subject in the Civil Code. It could be that its silence means, "You must keep everything, permanently !” As far as I am concerned, I rather lean in that direction.

End of the transitional administration

Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate. To ensure the star up of the syndicate, the developer usually designates in the declaration of co-ownership (by-laws of the immovable), one of its representatives to act as the interim director of the syndicate. His role is to accompany the co-owners, manage the co-ownership and see to the organization of the special transition meeting to elect the new directors to constitute the board of directors.

The law provides that the syndicate must keep a register available to the co-owners. Article 342 of the Civil Code of Quebec specifies that the board of directors shall keep the list of members, as well as the books and registers necessary for the proper functioning of the legal person. This register represents the memory of the building for those who administer it. It constitutes the history of the experience of the condominium from its conception, and this by specifying its maintenance and the work undertaken, while listing the contractors and suppliers who intervened. In this sense, it is invaluable. The syndicate must preserve for organizational and management purposes, or for legal protection and evidence purposes, all documents and information relating to the operation of the co-ownership. That is why "preservation", "access" and "archives" are the hallmarks of this register.

GUARANTEE PLAN FOR NEW RESIDENTIAL BUILDINGS

The Guarantee Plan for New Residential Buildings differs from the private guarantee plans offered on the market by the nature of the guarantees offered and the mechanisms for asserting its rights. In this regard, the terms and conditions are set out in the the Regulation respecting the guarantee plan for new residential buildings, which is the responsibility of the Régie du Bâtiment du Québec (RBQ). Finally, unlike private guarantee plans, any purchaser of a building covered by this plan automatically benefits from it. As this is a system aimed at the minimum protection of consumers'rights, consumers cannot waive this mandatory guarantee, even if they sign a document to that effect.

EXECUTION OF THE WORK

Work to be carried in common portions is to be undertaken by the syndicate of co-owners. In its capacity of the client, he is the instigator and the beneficiary thereof. It prepares the specifications and consequently the needs, the budget, the provisional calendar and the objectives to be achieved. In relation to such work, the syndicate should always be governed by its mission. It should never act as a substitute for the general contractor, such as mandating the subcontractors directly to do the work, or by interfering in the conduct of the construction site, in the place and stead of the people responsible therefor.

Definition : Plans and specifications of the building (as) built

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