Action to assert civilly or in court the rights of the community of co-owners and thereby those of the syndicate of co-owners. It is part of one of the missions of the Syndicate of co-owners.
It is to the board of directors as a whole, as a decision-making body, that the Civil code of Quebec confers the power to administer the affairs of the syndicate. Individual directors do not have any powers unless they have been specially authorized to do so. All decisions concerning the syndicate, the co-ownership or the immovable which is not under the jurisdiction of the meeting of co-owners, are the competence of the board of directors. Its main role is to ensure the preservation of the immovable. As a general rule, it is the decision-making body that ensures the maintenance of its common portions. If necessary, it must undertake the necessary work to ensure its sustainability.
The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of Québec provides that no co-owner may interfere with carrying out, even inside his private portion work required for the preservation and which is necessary to maintain the immovable in a good state of repairs.