Definition : Right of retention- Condo condo Quebec

Right granted to a creditor allowing him to retain the debtor’s property that has been remitted to him and which is closely related to the performance of an obligation, until the debtor pays his debt. The right of retention may be exercised by a creditor, provided that the amounts due to him are related to the property he detains and that the debt is liquid and exigible. In certain circumstances, the co-ownership manager may exercise this right.

WHAT YOU SHOULD KNOW ! The co-ownership manager who is a member of a professional order, such as “l’Ordre des administrateurs agréés du Québec” (Ordre des ADMA) (the Quebec Order of Chartered Administrators), is governed by rules of ethics (article 42 of the Code of Ethics for Chartered Administrators) which obliges him to follow up (with diligence) upon the request of a client who wants to recover his property that is being retained. He shall abide thereto, even if his fees have not been paid.

Retrieving the register of co-ownership

Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners and tenants of the immovable and the minutes of the co-owners meetings and the board of directors meetings, enabling it to carry out its mission adequately. The co-owners must have access to this register, which can be entrusted to a director or a condo manager.

The condo manager’s tasks are numerous. Therefore, his civil liability could be engaged. If he is at fault, he may be exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that he takes out civil liability insurance for the term of his contract for services.

Definition : Right of retention

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