Definition : Right of access to a private portion - Right of access to a leased private portion

Right established by the declaration of co-ownership or the Law allowing a representative of the board of directors to access a rented private portion in certain circumstances and under certain conditions. When this right of access is exercised in the course of work carried out at the request of the syndicate of co-owners in a leased private portion, the latter is required to transmit to the lessee, as the case may be, the notices prescribed at articles 1922 and 1931 of the Civil Code of Québec pertaining to improvements and work.

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Over time, there is several maintenance or improvement work that require the Syndicate to access Private Portions, and even sometimes, work to be executed inside Private Portions. In order that such crucial work for the Syndicate of co-owners not be obstructed, Article 1066 of the Civil Code of Québec provides that no co-owner may interfere with the carrying-out, even inside its private portion, of work required for the preservation of the immovable, decided upon by the Syndicate or urgent work. This obligation to allow said work is opposable not only to co-owners but also to occupants and tenants.
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The law provides that a syndicate must keep a register at the disposal of the co-owners. Article 342 of the Civil Code of Quebec specifies that the board of directors keeps the list of members and the books and registers necessary for the proper functioning of the legal person. This register is the memory of the syndicate, and consequently, its archives. In is thus invaluable. Much more than a mere witness of the sound management of an immovable, it is its prime instrument. Therefore, preservation and access are the hallmarks of this register.  
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The directors  of a co-ownership could, eventually, be called upon to enter the private portion of a co-owner. Article 1066 of the Civil Code of Québec obliges the co-owner, as well as his tenant or another occupant, to undergo work within his unit. This also includes justified pre-inspections for the conservation of the building and the safety of the occupants. Any co-owner will have to cooperate in such a situation. Although he as the complete use and enjoyment of his private portion, and no one can infringe upon his fundamental right, he must nevertheless allow access in certain circumstances. More particularly when the syndicate needs to carry out urgent or preservation work to ensure the conservation of the immovable.
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