DISCLOSURE & ACCESS TO DOCUMENTS

The syndicate of co-owners is obligated to keep documents pertaining to the declaration of co-ownership, and render them accessible for co-owners to consult.[1] A secretary will be designated by the syndicate to keep the books and registers of the syndicate of co-owners.[2]

Co-owners are entitled to consult documents kept by the syndicate of co-owners to assure that the syndicate of co-owners has enough funds to carry out its functions: the preservation of the building, the maintenance and administration of the common portions, the protection of the rights belonging to the building or the co-ownership, as well as all business in the common interest.[3]

Documents from the registry of the syndicate of co-owners such as minutes of the deliberations and resolutions passed at the general meeting of the co-owners are available for consultation.[4]

However, the right to access and consult documents of the co-ownership is limited by co-owner’s right to privacy.[5] Accounting and financial documents of co-owners are not at the disposal of other co-owners, neither are the notes from a security guard of a building regarding other co-owners.[6]

Moreover, the right to consult document does not entitle one to analyze the entirety of the document, or the right to keep documents for personal use. Unlimited access to documents is only reserved for the syndicate of co-owners itself and not every co-owner.[7]

The case of Fortier v. Syndicat des coproprétaires Condominium les Châtelets 2008 confirmed that all the documents necessary for co-owners to consult are found under Art. 1070 and Art. 1087 of the Civil Code of Québec.[8]

Documents available under Art. 1070 C.C.Q include:

-Register of co-owners;

-Minutes of meetings;

-Financial statement of the syndicate of co-owners;

-Declaration of co-ownership;

-Copy of the cadastral plan;

-Plans and specifications of the building; and

-All other documents relating to the immovable and the syndicate of co-owners.

Documents available under Art. 1087 C.C.Qinclude:

-Balance sheet, by the income statement for the preceding financial statement;

-Statement of debts and claims;

-Budget forecast;

-Any draft amendment to the declaration of co-ownership; and

-Notes on the essential terms and conditions of any proposed contract or planned work

[1] C.C.Q. Art. 342.

[2] C.C.Q. Art. 343.

[3] C.C.Q. Art. 1039.

[4] C.C.Q. Art. 1070.

[5] Rehmat v. Montazami, 2013 QCCS 1745 at para 26.

[6] Ibid.

[7] Immeubles Heywoord v. Syndicat le Versailles,2008 QCCS 6215.

[8] Fortier v. Syndicat des Copropriétaires Condominium les Châtelets, 2008 QCCS 2507.

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.