What are its powers?

The powers of the syndicate are designed according to the collective interest of the co-owners and find their limits in respect of the individual rights of the co-owners guaranteed by the declaration of co-ownership and by the Charter of Human Rights and Freedoms (e.g.: the inviolability of the home). These powers of the syndicate are based on four principles: the preservation of the immovable, the administration of the common portions, the protection of the collective rights and the amendments to the declaration of co-ownership. For this, he must ensure the maintenance in good condition of use and enjoyment of all the common portions. The syndicate may also take legal action against a co-owner. The Civil Code of Quebec gives the syndicate of co-owners extensive powers to administer the co-ownership.

Preservation of the immovable and administration of common areas

The syndicate is responsible for the preservation of the immovable and the maintenance and administration of the common portions. This dual power is essentially the responsibility of one of the two decision-making bodies, namely the Board of directors. Most of the tasks that this decision-making body has to perform converge around this fundamental objective, namely:

  • Execute the necessary work to avoid deterioration of the immovable’s common areas;
  • Have carried out the necessary work (within a private portion) for the preservation of the immovable or otherwise, which is urgent;
  • Entrust to a manager with all or part of the day to day administration, while remaining in charge of the decisions to be taken in the interest of the co‑ownership;
  • Purchase or sell fractions or common portions (sections 1076, 1097 and 1098 of the Civil Code of Québec), or grant other real rights, such as a servitude;
  • Join an association of co-owners syndicates to benefit from group savings, by pooling the services offered to the participating co-ownerships.

However, it is within the power of the meeting of co-owners to decide the:

Protection of collective rights

The powers vested in the syndicate are coercive. It can (and sometimes must), without limitation:

Amendment of the declaration of co-ownership

The syndicate may amend the declaration of co-ownership. This action is conditional upon compliance with the provisions set out in the Act. This power is strictly regulated by the Civil Code of Québec, in the sense that it can absolutely not be imposed on a co-owner a change in the relative value of his fraction, in the destination of his private portion or a change in the use he may make of it.

WHAT YOU SHOULD KNOW! The syndicate of co-owners insures the protection of the collective interests of the co-owners. Its legal personality is unique. Its actions are generally dictated by the Board of Directors.

http://www.condolegal.com/images/Boutons_encadres/A_retenir.pngWHAT TO KEEP IN MIND: In the section known as the Constituting Act, the declaration of co-ownership establishes the nature of the powers conferred on the general meeting of co-owners and the Board of Directors.

WARNING! The syndicate of co-owners could incur civil liability if it does not fulfill its mission properly, for example by not enforcing the declaration of co-ownership or by allowing co-owners to undertake irregular work.

 

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