Definition : Right of access to a private portion

Right established by the declaration of co-ownership or the Law allowing a representative of the board of directors to access a private portion in certain circumstances and under certain conditions.

Related articles

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.
View more
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.
View more