Definition : Register of co-ownership - Consultation

Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and  the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by  the Act respecting the protection of personal information in the private sector (PHIPA). With the assent  of Bill 64 on September 22, 2022, new rules for the use and dissemination of personal information have subject (and will subject) the world of co-ownership since September 22, 2022, while other rules will come into force in September 2023 and 2024.

Je suis nouveau propriétaire dans une petite copropriété. Les administrateurs sont des bénévoles. Je me questionne sur la façon de sensibiliser les copropriétaires et les administrateurs à la nécessité de respecter notre déclaration de copropriété et les nouvelles dispositions de la loi sans me faire arracher la tête. Or il faut savoir que les sommes accumulées au fonds de prévoyance sont insuffisantes. Et pour cause, seulement 5% du budget d'opération, $1000 ( tout inclus: assurance, déneigement, entretien) est consacré à ce fonds depuis 12 ans. Pire encore, aucune évaluation n’a été faite pour déterminer la valeur de reconstruction du bâtiment. Je crains que nous soyons insuffisamment assurés en cas de sinistre. Question : Que dois-je faire?

Question: I want to sell my apartment. I am aware that I must provide a number of documents to the real estate broker who takes care of the sale, to the buyer in the making whose offer I will have accepted and to the  notary who is in charge of drafting the official documents of the sale. Specifically, whatare the documents to be communicated to the buyer of a co-ownership?

When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In addition, it is indicated that the register contains the email address of all co-owners. The Board claims right to respect for the private life to justifie this approach to communication. Question: Am I entitled to require the Board of directors to provide me with the email address of the co-owners? 

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.

When you want to buy a condo, there are important checks to do and documents to obtain. One of the main checks is to know the financial health of the syndicate. This information must be complete and transparent. If the co-ownership has been poorly managed, you could find yourself paying significant special contributions that could put you in a precarious situation. That is why we need to collect as much information as possible. Thus, you will limit the financial risks associated with your acquisition. In principle, the syndicate's board of directors.should provide relevant documentation and information on this subject.

I must quickly consult some documents in the register and records of my co-ownership, including the plans of the immovable. I need to respond to a contractor   from whom I asked for a quote for work in my apartment. Well there it is, the directors refuse to give me access before Monday at 2 PM. And, to add insult to injury, they want to collect $ 30, in addition to the cost of photocopies! Question: Do they have the right to impose these access limitations to the register and to collect a fee? After all, these documents are the property of all co-owners, including me.