Definition : Window

An opening usually located in a wall, so that air and light can enter a building. This opening consists of a frame and windows. In divided co-ownership, the fenestration of a vertical co-ownership is generally qualified as a common portion, under the declaration of co-ownership. But if it is a horizontal co-ownership, it is usually an integral part of each of the private portions

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Question: Our declaration of co-ownership states that exterior windows, incorporated into the walls, are common portions for restricted use. However, the windows of my apartment are heavily foggy, a multitude of water droplets accumulate during the night and hinder the view. A glazier told me that the cause of this problem is a failure in the sealing of the thermos glass itself. The directors claim that the costs of replacing the thermos are borne by the Syndicate and then distributed to the co-owners who have requested them according to the thermos replaced. I disagree with them. Who should pay for the cost of replacing the thermos windows in my apartment?
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By purchasing a condo (apartment) in a residential tower, you automatically become an owner in a vertical co-ownership. You can also be in a divided co-ownership, if you purchase a house (semi-detached or townhouse), built on the same lot than other individual homes.  It is then called a horizontal co-ownership. If this is the case, you may not be the sole owner of the land surrounding your home.  You will therefore share with others the ownership of the private streets leading to the homes and common areas, and the common equipment such as the swimming pool and collective parking.
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In Quebec, about half of the syndicates of co-owners do not have any management tools to adequately provision the contingency fund for major repairs or the replacement of common elements. This problem, which sometimes has disastrous financial consequences for some co-owners, should soon be solved by the obligation to obtain a contingency fund study to which the Syndicates of co-owners will be subject by the upcoming amendments to the Civil Code of Québec following the adoption of Bill 16  in December 2019.  
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La facture qu’a reçue notre syndicat pour les travaux de changement des fenêtres se divise t-elle par le nombre d’unités ou selon la quote-part des copropriétaires? Il y a trois unités dans l’immeuble qui disposent de plus de fenêtres, mais ces copropriétaires ne sont pas d’accord pour payer plus que les autres. Que devons-nous faire?
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