Condominium living is becoming more and more popular in the heart of Quebec. Yesterday, the suburban house was king; Today, shared apartments are popular.
Buying a condo means entering the co-ownership. You are both master of your home and partner in a larger whole: the building, its infrastructure, the land, according to its share defined in the declaration of co-ownership. This also requires a contribution to the maintenance of the premises. To ensure the smooth running of this co-ownership, administrators are elected from among the co-owners.
Tackling the understanding of the co-ownership and its construction sites requires understanding the importance of the maintenance of the common areas – entrances, corridors, stairs, gardens, swimming pool, elevator… The syndicate of co-ownership, the guide designated by the declaration of co-ownership, takes care of this maintenance.
Beyond that, there are areas with limited use and even, sometimes, private spaces where the syndicate may have to intervene. Even before the regulations are applied, the contingency fund and the maintenance logbook are crucial in managing these allocations.
To preserve the building and maintain the common portions, or for work of collective interest, the syndicate must inform the co-owners and may require access to private units, under the conditions stipulated by article 1066 of the Civil Code of Québec.
Undertaking work in a condominium requires reflection and rigor: determining the needs, developing plans and specifications, soliciting the opinion of the administrators, sometimes submitting to a vote at the meeting depending on the scope of the work, financing, executing, monitoring and maintaining these projects are some of the key steps.
Rigorous preparation, transparent communication and methodical management are essential to ensure that this work runs smoothly, while respecting the rights of each co-owner.
Concerning the declaration of co-ownership and the works, here are the compliance points to be observed:
- Nature of the work
- Approval and decision on work
- Compliance with applicable standards and regulations
- Breakdown of costs
- Monitoring and monitoring of construction sites
The syndicate ensures that the work complies with the building’s regulations, which specify the use of shared and private spaces as well as the terms and conditions for carrying out the work.
Municipal authorizations may be required for certain work, such as a building permit or a certificate of authorization in the event of an impact on the exterior appearance of the building. Technical and safety standards are imperative, including compliance with the Quebec Construction Code and fire safety and energy efficiency regulations.
The co-owners, by complying with the standards and ensuring that the work is regulatory, guarantee a serene and efficient management. In this way, they safeguard the collective interests and maintain the structural integrity of the building.
The syndicate council, responsible for the administration and preservation of the building, dictates the conduct of the work. The declaration of co-ownership provides a framework for its actions, varying according to the nature of the interventions.
The interventions are distributed as follows:
- Regular maintenance: conservation needs.
- Asset valuation: beneficial additions (e.g. charging points).
- Preservation of the condition: essential interventions (e.g. roofing).
- Emergencies: prevention of immediate risks.
Nevertheless, projects to transform or improve the common portions require the approval of the meeting of co-owners, with a quorum of 75% of the votes, in accordance with article 1097 of the Civil Code of Québec.
The syndicate’s mission is to apply the objectives of the council, overseeing the management of shared spaces, the protection of rights relating to the building or co-ownership and all actions of collective interest.
Regarding private renovations, the co-owner enjoys a certain autonomy, as long as the integrity of the building is not at stake and the co-ownership regulations are respected. However, changes to the envelope or structure require permission. According to article 1075 of the Civil Code of Quebec, a union authorization is imperative for work impacting the common portions or the structure. In addition, specific rules may apply even for internal work.
Before any project, it is advisable to consult the declaration of co-ownership and the internal regulations to ensure its compliance.
In the event of unapproved work, the council has a duty to act, which may go as far as sending a formal notice to the offenders. To prevent conflicts, administrators communicate the standards for private interventions and provide guides and authorization forms.
Financing work within a condominium requires careful orchestration and rigorous financial management, given the plurality of stakeholders. The co-owners must agree on the terms of financing, whether it is renovations in private apartments or improvements to shared spaces.
As far as personal spaces are concerned, each owner finances his own work. This covers everything from interior renovation to the replacement of electrical installations dedicated to its lot. The financial responsibility lies entirely with him.
When it comes to common areas, the roof, facades, staircase and elevators require collective attention. Works that only benefit a handful of co-owners, such as a terrace serving a limited number of apartments, are also taken into account. Bill 16 established clear guidelines for the sharing of costs for these restricted areas, in accordance with article 1064 of the Civil Code of Quebec. Thus, the exclusive co-owners must assume the costs of maintenance and minor repairs, unless the declaration of co-ownership provides otherwise.
For major repairs or replacements, these costs are mainly the responsibility of the syndicate of co-owners. However, the specific contribution of the co-owner concerned may vary depending on the declaration of co-ownership. In the absence of specific guidelines, expenses are divided among everyone, usually according to their relative share in the building.
The real estate contingency fund is essential in this financial context. It makes it possible to amortize the costs of large-scale work and mitigates the immediate financial impact for the co-owners. This fund, fed by regular contributions, is dedicated exclusively to major repairs and replacements of the common areas.
If the contingency fund is not sufficient, special contributions may be requested to cover unforeseen expenses or urgent work.
Decision-making within the union is based on a democratic principle and the quorum is essential for the validity of decisions, whether they come from the general assembly or the board of directors. The president, secretary and treasurer, although equal members of the council, have distinct prerogatives: directing and calling meetings for the president, taking minutes and managing documents for the secretary, and overseeing finances for the treasurer. These roles are essential for efficient and transparent management of the condominium.
