|Written by Me Sébastien Fiset , LL.B., B.A.A.|
|Monday, 06 April 2020 15:29|
DIVIDED CO-OWNERSHIP OF IMMOVABLES
(Last update March 4, 2019)
ESTABLISHMENT OF DIVIDED CO-OWNERSHIP
FRACTIONS OF CO-OWNERSHIP
DECLARATION OF CO-OWNERSHIP
1. — Content of the declaration
- 2. — Registration of the declaration
RIGHTS AND OBLIGATIONS OF CO-OWNERS
1063. Each co-owner has the disposal of his fraction; he has free use and enjoyment of his private portion and of 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.
1067. A co-owner who, as a result of work carried out, suffers injury in the form of a permanent diminution in the value of his fraction, a grave disturbance to enjoyment, even if temporary, or through deterioration, is entitled to obtain an indemnity from the syndicate if the syndicate ordered the work or, if it did not, from the co-owners who did the work.
RIGHTS AND OBLIGATIONS OF THE SYNDICATE
Amendments made by 2018, c. 23, s. 638 come into force on 13 December 2018 to divided co-ownerships established on or after 13 June 2018 and on 13 June 2020 to other divided co-ownerships. (2018, c. 23, s. 814 (2))
Concerning the maintenance log and the contingency fund study, see 2019, c. 28, s. 165(3).
1074.3. Where insurance against the same risks and covering the same property has been taken out separately by the syndicate and a co-owner, the insurance taken out by the syndicate constitutes primary insurance.
1077. The syndicate is liable for damage caused to the co-owners or third persons by faulty design, construction defects or lack of maintenance of the common portions, without prejudice to any recursory action.
The judgment may not be executed against the contingency fund, except for a debt arising from the repair of the immovable or the replacement of common portions.
1082. The syndicate, within six months of being notified by the owner of an immovable under emphyteusis or superficies that he intends to transfer by onerous title his rights in the immovable, may acquire such rights in preference to any other potential acquirer during that period. If it is not notified of the planned transfer, it may, within six months from the time it learns that a third person has acquired the owner’s rights, acquire such rights from that person by reimbursing him for the transfer price and the costs he has paid.
1083. The syndicate may join an association of co-ownership syndicates formed for the creation, administration and maintenance of common services for several immovables held in co-ownership, or for the pursuit of common interests.
1083.1. The syndicate may, at its own expense, obtain the plans and specifications of the immovable that are in the possession of an architect or engineer, who is bound to provide them to the syndicate on request.
BOARD OF DIRECTORS OF THE SYNDICATE
GENERAL MEETING OF THE CO-OWNERS
LOSS OF CONTROL OF THE SYNDICATE BY THE DEVELOPER
1106.1. Within 30 days of the special meeting, the developer shall provide the following to the syndicate:
(1) the maintenance log kept for the immovable and the contingency fund study;
|Subparagraph 5 of the first paragraph come into force on 13 June 2020 to divided co-ownerships established before 13 June 2018. ( 2019, c. 28, s. 165(7))|
1107. The new board of directors may, within 60 days after the election, terminate without penalty a contract entered into before the election by the syndicate for maintenance of the immovable or for other services, if the term of the contract exceeds one year.
TERMINATION OF CO-OWNERSHIP