Maximum allowable fees established for certain services, which are usually charged by a syndicate of co-owners. Many declarations of co-ownership provide that the board of directors may, by resolution, fix, generally and revisable annually, reasonable fees, to be paid by a promising purchaser of a fraction, in respect of the communication of documents or information concerning the immovable and the co-ownership.
As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions: We want to know:
If we are entitled to charge a fee to take care of these files?
If so, what is the amount considered reasonable?
Should we proceed by adding to the by-law of the building?
If so, can we proceed by a majority vote or simply by decision of the Board of Directors?
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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.