Rights and obligations of the syndicate of co-owners

The syndicate of co-owners has rights and obligations, including:

• Preserving the immovable (private and common portions);
• Managing the common portions;
• Maintaining the private and common portions;
• Safeguarding the rights of all co-owners;
• Ensuring that any work needed to preserve and maintain the immovable is carried out;
• Enforcing the provisions of the declaration of co-ownership and having recourses for this purpose;
• Holding an annual general meeting and, from time to time, extraordinary meetings;
• Notifying the co-owners when a co-owner requests an item to be added to the agenda;
• Maintaining a contingency fund based on the estimated cost of major repairs to and replacement of the common portions; 
• Establishing a self-insurance fund based on the syndicate’s highest deductible;
• Maintaining records of the name and address of each co-owner and tenant, the register of units of reference (so that improvements made to the private portions are identifiable), the minutes of the meetings of the co-owners, the minutes of the board of directors, the written resolutions and the financial statements; ensuring that these records are accompanied by a copy of the declaration of co-ownership, the by-laws of the immovable and the amendments thereto, a copy of the contracts to which the syndicate is a party, a copy of the cadastral plan, the immovable’s plans and specifications, the certificates of location of the immovable that are available, and all other documents relating to the immovable (including accounting documents, maintenance log, contingency fund study, etc.) and to the syndicate. Allowing co-owners to consult these records, and providing copies of the documents, for a reasonable fee;
• If necessary, acting directly against a tenant or occupant of a co-owner and, under certain circumstances, demanding the termination of the lease or loan for use.

Source: lacopropriete.info — Syndicat de la copropriété

 
Notice of violation

Notices are a means of ensuring that the declaration of co-ownership is respected.

Generally, unless a situation is serious or urgent, directors should follow a certain progression in the means employed. A legal advisor will be able to advise directors on the best way to proceed in each case.

Generally speaking, the process begins with a meeting at which the board of directors or its representative explains the situation to the co-owner, tenant or occupant. The latter will then be asked verbally to remedy the situation.

It is a good idea to send the violator a letter summarizing the meeting, and to keep a copy of this letter.

If this meeting does not produce the desired results, the directors may issue a formal notice and send it by registered mail.

Source: lacopropriete.info – Le devoir de faire respecter la déclaration de copropriété

Here are some violations for which a co-owner might be issued a notice:

• The co-owner had hardwood flooring installed to replace the carpet, whereas this is not allowed in the by-laws;
• The co-owner plays very loud music, inconveniencing other co-owners;
• The co-owner has not paid his common expenses on time;
• The co-owner’s dog wanders without a leash in the common areas, which goes against the by-laws;
• The co-owner puts his garbage in the hallways or on the balcony;
• The co-owner regularly uses a parking space that is not reserved for him;
• Any other violation of the provisions contained in the declaration of co-ownership.