RSS condolegal 2021-01-27T21:48:07+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[The syndicates work in the common portions]]> Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest”. In the event that the latter fails to maintain and preserve the immovable, the syndicate may incur civil liability.

This means that it is bound to have the necessary work carried out to prevent deterioration of the common portions of the immovable. The declaration of co-ownership and other legal provisions impose this obligation.

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2019-07-17T15:16:00+0000 2020-12-05T21:30:42+0000 http://en.condolegal.com/work/factsheets/1791-the-syndicates-work-in-the-common-portions Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest”. In the event that the latter fails to maintain and preserve the immovable, the syndicate may incur civil liability. This means that it is bound to have the necessary work carried out to prevent deterioration of the common portions of the immovable. The declaration of co-ownership and other legal provisions impose this obligation.
<![CDATA[Syndicate’s Work in Private Portions]]> 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.

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2019-07-16T18:18:00+0000 2020-09-09T09:58:07+0000 http://en.condolegal.com/work/factsheets/1799-syndicates-work-in-the-private-portions 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.
<![CDATA[Co-owner's work ]]> Before starting renovation work in your apartment, keep in mind that you live in a condo. Performing such work requires that you carry out prior verifications. It is necessary to refer to the declaration of co-ownership to know the co-owner’s rights and obligations toward the syndicate. It goes without saying that your work must not affect the rights of other co-owners and occupants of the immovable. In addition, it is important to know if your work will have an effect on a common portion which may be located in your privative portion, such as a load-bearing wall, a beam, a column for the various pipes of the immovable.

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2019-07-16T00:33:00+0000 2020-01-13T14:45:55+0000 http://en.condolegal.com/work/factsheets/1467-co-owner_s-work- Before starting renovation work in your apartment, keep in mind that you live in a condo. Performing such work requires that you carry out prior verifications. It is necessary to refer to the declaration of co-ownership to know the co-owner’s rights and obligations toward the syndicate. It goes without saying that your work must not affect the rights of other co-owners and occupants of the immovable. In addition, it is important to know if your work will have an effect on a common portion which may be located in your privative portion, such as a load-bearing wall, a beam, a column for the various pipes of the immovable.
<![CDATA[Contingency Fund]]> The Contingency Fund is to be used strictly for major repairs and replacements of common portions. It should not be used to fund their maintenance.

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2019-07-14T23:20:00+0000 2020-06-19T02:25:17+0000 http://en.condolegal.com/work/factsheets/723-contingency-fund The Contingency Fund is to be used strictly for major repairs and replacements of common portions. It should not be used to fund their maintenance.
<![CDATA[Maintenance logbook]]>

An indispensable co-ownership document, the maintenance and management logbook is in essence a register tracing the building history, as well as a register of all the operations already carried out or forthcoming thereon. Even though not mandatory, it increases a co-ownership’s resale market attractiveness. In addition, the directors, by availing themselves of such a logbook, demonstrate their concern for good governance and sound management.

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2019-07-13T23:37:00+0000 2020-11-20T22:07:16+0000 http://en.condolegal.com/work/factsheets/731-maintenance-logbook An indispensable co-ownership document, the maintenance and management logbook is in essence a register tracing the building history, as well as a register of all the operations already carried out or forthcoming thereon. Even though not mandatory, it increases a co-ownership’s resale market attractiveness. In addition, the directors, by availing themselves of such a logbook, demonstrate their concern for good governance and sound management.