When you become a co-owner, you become part of a community of owners, which is why it is important to be familiar with the rights and obligations of co-owners.
Each co-owner owns their private portion , where they are free to enjoy their space. However, they still have obligations to the co-ownership syndicate and other co-owners. For example, co-owners must comply with the Declaration of Co-Ownership and not infringe on the rights of other co-owners.
Find out everything you need to know about your rights and obligations as a co-owner now.
What is a co-ownership syndicate?
A co-ownership syndicate is a legal entity formed by the body of co-owners. The syndicate is governed by the Civil Code of Quebec and must comply with the rules of divided co-ownership, in particular articles 1038 to 1109 of the Civil Code of Quebec.
The syndicate has many responsibilities, such as:
- Ensuring the maintenance and administration of common portions;
- Preserving the building;
- Ensuring that the rights relating to the building are safeguarded;
- Taking charge of operations of common interest;
- Ensuring that necessary conservation and maintenance work is carried out;
What are the rights and obligations of co-owners?
In addition to complying with the Declaration of Co-Ownership, it is crucial to fully understand the legal aspects of your co-ownership. To do so, do not hesitate to consult a lawyer specializing in divided co-ownership syndicates. They will be able to easily simplify the legal jargon and provide you with the legal advice you need.
The rights of co-owners
- To be informed of the financial results of the syndicate
- To be consulted on the provisional budget for the administrative year
- To elect the administrators
- To vote in person or with the help of a representative at a meeting. This right may be withdrawn if there is a failure to contribute to common expenses. The right is restored when the co-owner pays the outstanding contributions in full.
- The right to challenge a decision made at a meeting, up to 90 days after the decision
- Right to add an additional item to the agenda and a question to be put to a vote
- The undivided right to the common portions as stipulated in the declaration of co-ownership
- Consultation of the registers, minutes and resolutions, the declaration of co-ownership, copies of contracts to which the syndicate is a party, the cadastral plan, estimates and the building plan, the certificate of location or any other documentation relating to the building or the syndicate
- The right to use private and common portions in accordance with the declaration of co-ownership
- Recourse to mediation or arbitration if permitted by the declaration of co-ownership
- The right to rent in accordance with the intended use of the building
- The right to give the tenant a power of attorney giving them the right to vote at meetings
The obligations of co-owners
- The co-owner contributes to the common expenses in proportion to the relative value of his fraction
- Contribute to the contingency fund
- Have individual insurance
- Obtain the syndicate’s authorization for renovation, construction, or repair work. This obligation exists to ensure that the work complies with the building's management and does not cause any harm to other co-owners.
- An obligation to cooperate with the co-ownership syndicate and workers on work to preserve the integrity of the building, even if this work is in a private portion.
Fully understand the rights and obligations of co-owners with the help of a specialized lawyer
If you have any questions about the rights and obligations of co-owners, please do not hesitate to contact Fiset Légal. We will take the time to answer all your questions and clarify any doubts you may have about your responsibilities.
