RIGHTS AND OBLIGATIONS OF THE SYNDICATE

The syndicate of co-owners is responsible for:

-Keeping a register of relevant documents at the disposal of co-owners for access purposes i.e. minutes of the meetings of the co-owners, financial statements, declaration of co-ownership, cadastral plan, and plans of the building;[1]

-Establishing and maintaining a contingency fund for repairs and maintenance;[2]

-Fixing the contribution for common expenses after consultation with the general meeting of the co-owners;[3]

-Insurable interests of the whole building, including the private portions; and[4]

-Undertaking the necessary work or repairs to assure the safety of co-owners and their guests, as well as to prevent the degradation of the building.[5]

If authorized by the declaration of co-ownership, the syndicate of co-owners may:

-Demand the court to acquire or alienate fractions, common portions or other real rights;[6]

-Demand the resiliation of the lease of a private portion;[7]

-Apply to the court for an injunction to cease an action, or demand specific performance thereof[8], including non-payment of condo fees;

-Demand the court to order the sale of a co-owner’s fraction;[9]

-Institute an action on the ground of latent defects, faulty design or construction defects; and[10]

Register legal hypothecs.

[1] C.C.Q.Art. 1070.

[2] C.C.Q. Art. 1071.

[3] C.C.Q. Art. 1072.

[4] C.C.Q. Art. 1073.

[5] C.C.Q. Art. 1039.

[6] C.C.Q. Art. 1076.

[7] C.C.Q. Art. 1079.

[8] C.C.Q. Art. 1080.

[9] Ibid.

[10] C.C.Q. Art. 1081.

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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.