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. In most cases the declarations of co-ownership list the items it contains. 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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