Maintenance of common areas in co-ownership – the to-dos

Within a condominium, a distinction is made between private spaces and shared areas. The latter, which are not attributed to a specific owner, are defined by their lack of individual use and their detailed description in the founding act of the co-ownership, as well as their mention in the description of the division. These sharing areas translate into places such as vestibules, corridors, stairs, elevators, rooftops, gardens and sometimes recreational facilities such as a swimming pool. Their maintenance is essential for the proper functioning and long-term conservation of the building.

The syndicate of co-ownership, established by article 1039 of the Civil Code of Québec as soon as the declaration of co-ownership is registered, acts as the guardian of these spaces. His goal? Preserve the building, ensure the maintenance of shared spaces, protect the rights related to the building, and carry out operations of collective interest. It also ensures that the work necessary for the maintenance and conservation of the building is carried out, in particular through contingency fund studies to anticipate the need for repair or replacement of infrastructure.

The missions of the syndicate are vast and central:

  • Day-to-day management : He takes care of the day-to-day administration and maintenance, ensuring the regular maintenance of the premises and the proper functioning of the equipment, while promptly resolving any problems.
  • Maintenance contracts : He is responsible for negotiating and concluding contracts with service providers for the maintenance of the common areas.
  • Budget and charges : He establishes the provisional budget and distributes the expenses between the co-owners according to their respective shares.
  • Work monitoring : He supervises the work, selects the contractors and ensures that the work complies with the standards and decisions of the general assembly.
  • Claims management : In the event of damage to shared spaces, the syndicate coordinates repairs and insurance procedures.
  • Works fund : He may be in charge of creating and managing a fund dedicated to future work on the common areas.

The efficiency of the maintenance of shared spaces is crucial for the proper functioning of the condominium and the comfort of the residents. Proper maintenance increases the value of the property and its attractiveness, while ensuring the safety of the inhabitants thanks to the good maintenance of vital elements such as stairs and elevators.

In short, effective maintenance management is vital for the sustainability of the building, safety, the preservation of real estate value and the satisfaction of residents, thus perpetuating a harmonious living environment.

Development of a maintenance program

The development of a maintenance program for shared areas begins with a thorough inspection. We scrutinize the lobby, stairs, elevators, outdoor areas and determine the essential interventions: cleaning the floors, dusting surfaces, checking the lighting, maintaining the stairs, sanitizing collective living spaces, garbage management, and more.

The next step in the process includes assessing needs through general meetings, providing input to occupants, drawing up a schedule and, if necessary, using service providers.

As for the frequency of maintenance operations, it differs from one building to another. The reception areas, lounges, corridors, car parks, storage rooms, lift, swimming pool and outdoor areas require synchronised management. For example, floor cleaning could be weekly, elevator cleaning monthly, outdoor area maintenance quarterly, preventive maintenance every six months, annual major cleaning, seasonal green space maintenance, and annual safety equipment checks.

Regarding the distribution of tasks, a balance must be found between employees and external service providers. The syndicate of co-ownership can hire a caretaker or call on a specialized company. Choices will be based on the specific needs of the building and the preferences of the residents. A caretaker provides a constant presence while an external company provides expertise. Sometimes a mix of the two is better. It is crucial to consult the co-owners carefully, to examine the quotes and to evaluate the pros and cons before making a decision.

When drawing up specifications, the precise identification of maintenance needs is essential in order to define internal tasks and those requiring external experts. Clarifying roles and responsibilities avoids confusion and ensures maximum efficiency.

Proactive management, punctuated by continuous training of employees, coordination of service providers, clear communication, conscientious follow-up, adaptability in the face of contingencies and adjusted financial management guarantee the impeccable maintenance of the common areas.

The maintenance booklet

Finally, the maintenance logbook is an essential tool in property management. It meticulously compiles the maintenance history and the operations to be carried out, in paper or digital form. In accordance with Bill 16, section 1070.2, the board of directors must have it established by a qualified professional, and it must include an inventory and a description of the common portions and materials used.

The maintenance book is a central pivot in property management. He meticulously archives each intervention, monitors periodic maintenance and anticipates future maintenance actions. As the nerve centre of the warranty, it promotes clear interaction between all the players involved and simplifies exchanges during sales. Its forward-looking management of maintenance operations minimizes expenses and, in the event of a transfer of ownership, ensures the smooth transfer of know-how and skills. This instrument is therefore crucial, playing a decisive role in the preservation, security and appreciation of the value of real estate assets in co-ownership, in particular through the proper management of contingency fund studies that anticipate future maintenance needs.

An absent or incomplete maintenance book can be disastrous, directly affecting the management and valuation of a property. The repercussions range from poor financial management to a deterioration in the image of the property, including failures in communication. It is strongly recommended to keep this logbook up to date to ensure optimal management.

Consequences of lack of maintenance

As for the lack of maintenance, it can weaken the infrastructure, with heavy financial repercussions and reduced residential comfort. Recurring maintenance plans and responsible maintenance decisions become imperative. Negligence, such as the failure to carry out annual caulking checks, can lead to damaging water infiltration.

Insurance is also affected: higher premiums, reduced coverage, increased deductibles or refusal to renew. The condominium must maintain careful maintenance to secure its value and insurance. A frank dialogue with the insurer and the follow-up of maintenance recommendations are crucial.

Directors’ liability

The administrators, who are responsible for maintenance, incur legal liability in the event of failure. In the event of negligence, their civil liability could be brought into play, and insurance companies could not cover losses related to a lack of maintenance. They must therefore exercise rigorously and carefully.

Information and work

Finally, when it is necessary to undertake work, residents must be carefully informed. This includes the nature, schedule, schedule, duration of the work, and the steps in the event of a dispute with workers or contractors. Proactive communication is essential to maintain peace and quiet within the condominium.

Property preservation and maintenance: an essential approach

The sustainability of a real estate asset is based on a set of targeted interventions: maintenance, improvement, preservation. Property managers are responsible for ensuring that the building is preserved in its authenticity and for ensuring its maintenance, beyond simple housekeeping, by taking care of all the components of the structure, including their renovation or replacement.

Let’s take an example of an underground car park:

  • Cleaning of the concrete floor required;
  • Inspection and purification of the drainage system imperative;
  • Assessment of the condition of the membrane and the waterproofing joints (abutments) required;
  • And other relevant interventions.

The syndicate of co-ownership: a key player

The syndicate assumes responsibility for validating and controlling operations related to the common areas, including those for exclusive use such as doors, windows and balconies. However, article 1064 of the Civil Code of Québec stipulates that the costs related to the maintenance and routine repairs of these spaces are the exclusive responsibility of the co-owners who use them. The union, for its part, must ensure that these tasks are carried out with care and, in the event of defective maintenance, intervene to rectify the situation.

Repair and maintenance strategies

The development of a preventive maintenance program is the first step to effective management. This program must inform co-owners of the standards to be met and provide them with recommendations on the products to be used as well as the frequency of interventions. For more complex maintenance operations requiring technical knowledge, the board of directors is better placed to organize and supervise the work, which facilitates the procedure and reduces costs for owners. The latter will then be liable for the actual cost of the work, in proportion to their exclusive right of use.

Division of responsibilities

It is crucial to determine the nature of the work to be done on the common portions for exclusive use. Typically, the syndicate handles major repairs and replacements, while the co-owners handle regular maintenance and minor repairs.

SYNDICATE: Owner = major repairs and replacements.
CO-OWNER: Usufructuary = regular maintenance and minor repairs.

Conclusion: best practices in summary

Two key elements contribute to optimal property maintenance management:

  • A household maintenance program must be established by the syndicate’s board of directors, which will have to detail its execution, whether by a janitor, an external company or volunteers for simple tasks such as replacing a light bulb or informing the board of directors.
  • A technical maintenance program must also be set up by the syndicate, concerning the building envelope and its mechanical aspects, with the support of a professional, even in the absence of regulations in force.

Preventive maintenance is essential to ensure the sustainability of the building. A well-maintained building guarantees substantial long-term savings for the syndicate and enhances the resale of condominium units.