RESPONSIBILITY OF CO-OWNERS

Co-owners are required to abide by the declaration of co-ownership, failure thereof could potentially result in judicial sanctions.

Rights inherent to co-ownership are limited by the rights of other co-owners. Therefore, one must exercise their rights without infringing the rights of peaceful enjoyment held by other co-owners.

Every co-owner is responsible for the work done to his/her unit and is responsible for those occupying the unit, such as a friend, family or a lessee. If work performed to a unit infringes the right of enjoyment incumbent on other co-owners, he/she may be held responsible for the damage caused.[65]

It is therefore recommended that co-owners:

  1. Obtain authorization from the syndicate of co-owners before performing renovations;
  2. Ensure themselves that such renovations would not impair the destination of the building;
  3. Ensure themselves that the work performed does not cause a prejudice to other co-owners; and
  4. Obtain homeowner insurance on their content and interior decoration, in addition to other insurance policies for latent defects, titles, and against potential damages to other co-owners when undertaking renovations or repairs.

Co-owners are also under an obligation to collaborate with the syndicate of co-owners and workers to preserve the integrity of the building, even if work needs to be performed within a co-owner’s private unit.[66]

Co-owners are also responsible for making the required contribution to the common expenses agreed upon at the general meeting of the co-owners. A failure to do so could bring about judicial sanctions.[67]

[65] Théberge v. Syndicat de la copropriété Les Manoirs du Plateau, 2016 QCCQ 9109.

[66] Syndicat des copropriétaires du Bief des Seigneurs, Tour Cv. Rubin 2016 QCCQ 10651.

[67] C.C.Q. Art. 1069.

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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.