La Régie du bâtiment du Québec a fait l'objet d'un rapport accablant, au début du moins de juin, par le Vérificateur général du Québec. Un des problèmes soulevés touche les licences, que cet organisme délivre à tous les travailleurs de la construction.
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Les travaux à faire dans une copropriété peuvent être décidé par le conseil d'administration, alors que d'autres nécessitent un vote par l'assemblée des copropriétaires.
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As in common portions, work can be carried out in common portions for restricted use, such as building a terrace upon which a co-owner would have exclusive use or transforming a balcony into an additional room attached to an apartment. If such cases, the co-owners must keep in mind that article 1063 of the Civil Code of Québec governs the use they can make of the common portions for restricted use. This article stipulates that: "Each co-owner has the disposal of his fraction; he has free use and enjoyment of his private portion and the common portions, provided he complies with the by-laws of the immovable and does not impair the rights of the other co-owners or the destination of the immovable. "
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The work to be done in the common portions is subject to rules of which it is useful to know all the ins and outs. The syndicate of co-owners acts in this matter through its two bodies, the board of directors and the meeting of the co-owners. It is up to the board of directors to analyze the scope and budget of the work, and to organize, when required by law, a meeting of co-owners (annual meeting or special meeting.) which will aim to vote by majority the final decision. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.
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The rules for voting in meeting of co-owners vary depending on the importance of the decision to be made. They require a complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law essentially imposes four levels of majority: absolute, enhanced, double.
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WARNING ! A declaration of co-ownership prior to 1 January 1994 may validly require unanimity, in other words require the agreement of all co-owners, for decisions to change the destination of the immovable (Article 53 of the Act respecting the implementation of the reform of the Civil Code).
