The new provisions introduced by Bill 16 will bring about many changes regarding the contingency fund in a co-ownership. It will be mandatory to obtain a contingency fund study, which will establish the necessary amounts so that the fund is sufficient to cover the estimated cost of major repairs and replacement of the common elements (art. 1071 of the Civil Code of Quebec). The miminal content of this study and the professionals who will be able to carry it out will be determined in a future government regulation soon to be published. Such study will have to be obtained every five years by the board of directors, which will have to determine the amounts to be paid into this fund, according to the recommendations made in this study.
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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:
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March 10th 2022 - The pre-acceptance inspection is a critical step in the process of acquiring a new property. A thorough and careful inspection is the best way to protect buyers from any unforeseen issues. In this article, we will tell you everything you need to know about the pre-acceptance inspection of the private portions and common areas of your co-owned property.
LITTLE REMINDER : Let us start by reminding you that in the new co-owned property market, the mandatory guarantee plan administered by Garantie de construction résidentielle (GCR) covers buildings held in divided co-ownership that have no more than four private portions stacked one above the other, as well as detached, semi-detached or row-type single-family houses held in co-ownership. “Condo towers” are not covered by the mandatory guarantee plan.
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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.
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The syndicate of co-owner’s mission is to ensure the preservation of the immovable and the maintenance of the common portions. To ensure the good performance of the building, the syndicate involves various service providers (for example: a housekeeping company, an elevator operator, a building professional, etc.). Technical and property management aims at the conservation of common portions. In addition, a well-maintained building necessarily involves carrying out the necessary work to avoid the deterioration of the common portions. In the case of work, the syndicate has a central role. It puts the various service providers in competition upstream, and follows the site throughout its execution. In addition, to perform these tasks correctly, it is essential that the syndicate set up a maintenance logbook, an asset management plan and a certificate of the state of the immovable.
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