Definition : Wall - Loadbearing wall

Wall that supports its own load as well as vertical and seismic loads such as the floors of the building, the wall of the upper floors and the roof. It can be made of different materials: brick, stone, solid stock, plaster (with a wooden frame). Its purpose is to guarantee the stability of the overall structure of a construction and is considered to be part of the structural work. A loadbearing wall can be a façade wall or be located inside a building. In the latter case, it is named slit wall. The Civil Code of Quebec creates a presumption to the effect that a structural work constitutes a common portion of the immovable. This is generally the case in vertical co-ownerships. The situation is different in horizontal co-ownerships were the foundations and main walls are generally situated in private portions.

Certificate of location

Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the certificate of location is part of the property titles the seller must supply. In the interest of the buyer, the certificate of location should clearly describe the current condition of all private portions (for instance, an apartment, a parking or storage space, or even land). Should the seller not have a certificate of location on hand (and unless the promise to purchase states otherwise), they will need to have one prepared, at their own expense.

Work not requiring prior authorization

Many co-owners carry out work to renovate their apartments, after moving in, to make them more in tune with their tastes and personalities. Redecorating the premises and integrating new equipment,such as in the kitchen or the bathroom, is a legitimate endeavor. To know the rules to be respected, it is better to refer to the declaration of co-ownership. This is how you will have to check, before a project can begin, whether the work in question is subject to prior authorization. Some work can be carried out without prior authorization, while other work requires the approval of the board of directors or of the meeting of co-owners.

Work requiring the authorization of the general meeting of the co-owners

When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the meeting of co-owners to have it undertaken, even if the work is carried out in his private portion. This authorization requires a vote, the majority of which is greater than that required for the current decisions. Failure to comply with this rule could result in a co-owner being ordered to restore the premises to their original state or even to pay damages.

Nature of the work

The contingency fund is set up on the basis of forward planning limited to certain works, namely those aimed at the conservation of the common portions. This collective savings thus makes it possible to finance the execution of works allowing the rehabilitation of the common portions as well as the common portions for restricted use. The contingency fund must be used to pay the cost of very specific work, namely those relating to major repairs or the replacement of the common portions of the building. The board of directors must therefore be able to clearly identify what constitutes the common portions and what the notion of major repairs and replacement of the common portions means.

Definition : Wall - Loadbearing wall

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