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A unit left unattended or that has become unsanitary can jeopardize the building’s safety and the peace and quiet of co-owners. In divided co-ownership, the syndicate and the board of directors (board) have a duty to act to preserve the building and protect the common portions. This article explains, in the Quebec context, the syndicate’s powers and limits when a unit appears to be abandoned or is in poor condition.
You will find practical guidelines here for taking action in compliance with the declaration of co-ownership (DCV), the by-laws of the immovable and the Civil Code of Quebec (C.c.Q.), as well as practices for preventing these situations.
Recognizing an abandoned or unsanitary unit
An “abandoned unit” is not defined solely by the prolonged absence of the co-owner or tenant. It is identified through a set of objective and recurring indicators. For example:
- Accumulated mail and bailiff’s notices, with no response to communications.
- Repeated non-payment of condo fees, common expenses or assessments.
- Persistent odours in corridors, or observed insects or rodents.
- Visible signs of water infiltration, condensation or mould at the junctions with the common portions.
Conversely, an “unsanitary” unit refers to deficient sanitary conditions that may affect health or safety: significant mould growth, untreated water damage, extreme accumulation of objects (hoarding), sewer problems or an infestation. When a risk is suspected, inaction can result in damage to the common portions and other private portions.
To avoid errors in assessment, systematically document the situation: dated photographs, written witness statements, odour reports and maintenance findings. This documentation will support any board decision, formal notice of default and, if necessary, application for a court order.
Powers of the syndicate and board under the C.c.Q.
The C.c.Q. entrusts the syndicate with the responsibility of preserving the building, maintaining and administering the common portions, and safeguarding the rights related to the co-ownership. In practical terms, this means intervening when a private portion creates a risk or causes prejudice to others. Refer to the C.c.Q. provisions on divided co-ownership to guide your actions (see LégisQuébec).
- Access to a private portion: in an emergency or when work is necessary to preserve the building, the syndicate may require access. The co-owner may not unreasonably oppose it.
- Emergency work: if the co-owner cannot be located or refuses to act, the syndicate may have urgent work carried out to prevent the damage or risk from worsening.
- Allocation of costs: necessary and reasonable expenses incurred to preserve the building may be claimed from the co-owner at fault, subject to the rules of the DCV and the respective responsibilities for the common portions and private portions.
Consult the C.c.Q. provisions on divided co-ownership concerning the syndicate’s mandate and contributions to common expenses (LégisQuébec):
Access to a private portion: notice, emergencies and evidence
Outside an emergency, notify the co-owner in writing, allowing reasonable notice and proposing a time window. Mention the legal basis and the DCV or by-laws of the immovable provision governing access. In an emergency situation (an active leak, gas odour or major water damage), immediate entry may be justified; in that case, record the steps taken in the minutes.
Best practices when accessing a private portion:
- Have at least two representatives present (for example, a board member and the condominium manager) and, if possible, a qualified contractor.
- Take dated photographs and notes before and after the intervention; keep supporting documents and reports.
- Respect privacy to the greatest extent possible, focusing only on the area at risk.
Emergency work, safety and RBQ compliance
Urgent work (for example, sealing a leak, shutting off the water or ventilating a mouldy space) must be carried out by contractors holding the appropriate licences. This reduces the risk of recurrence, facilitates insurance claims and protects the syndicate.
- Reference: Regie du batiment du Quebec (RBQ) for contractor obligations and qualifications.
- When significant mould is present, require recognized containment and remediation methods; a specialist’s report may be necessary depending on the extent of the problem.
Useful resources:
Recommended procedure: from identifying the problem to restoring the unit
When a unit appears to be abandoned or unsanitary, follow a structured process:
- Identify and document the situation: take photographs, record written reports, odour observations and signs of infiltration; note dates and witnesses.
- Carry out basic checks: knock on the door, call and email; consult the co-ownership register and the contact information permitted by the DCV.
- Send written notice to the co-owner: describe the findings and risks, and require an inspection and remediation within a specified time. Mention the consequences of inaction.
- Send a formal notice of default: if there is no co-operation, send a formal notice of default requesting access and corrective work; warn that, failing this, the syndicate will have the necessary work carried out and will claim the costs.
- Arrange access or enter in an emergency: enter with witnesses and, if necessary, a licensed contractor. Record the situation on video or in photographs for the file and the board minutes.
- Stabilize the situation: shut off the local water or electricity, seal openings and ventilate; have contaminated materials removed if an immediate risk exists.
- Prepare a report and make board decisions: assess the scope of the corrective work and the portion attributable to the common portions and private portions, then authorize the next steps.
- Communicate with neighbouring occupants: briefly inform them of the impacts (noise, access and temporary odours) and mitigation measures.
- Contact outside authorities if necessary: if a public health risk is suspected (for example, severe unsanitary conditions or contamination), contact the public health department or the relevant municipality, which may impose corrective measures.
- Bill and recover the costs: allocate the costs according to responsibility, claim them from the co-owner concerned, and then initiate the mechanisms provided for in the DCV and the C.c.Q. in the event of default.
For the general legal framework concerning public health, consult the Public Health Act (LégisQuébec):
Cost recovery and financial consequences
In principle, necessary and reasonable expenses incurred by the syndicate to prevent or limit damage to the building may be claimed from the co-owner responsible. These expenses are in addition to regular common expenses. In the event of non-payment, the syndicate may use the mechanisms provided for in the C.c.Q., including collecting the amounts owed and, where necessary, registering the syndicate’s legal hypothec on the relevant fraction, subject to the conditions permitted by law.
- Refer to the C.c.Q. for contributions to common expenses and collection remedies: https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
Pay attention to the limits of liability: everything depends on the cause of the damage, the allocation between the common portions and private portions, and the provisions of the DCV. For example, an end-of-life water heater in a private portion may engage the co-owner’s liability if a lack of maintenance caused the loss. Conversely, if a common pipe gives way, liability may shift to the syndicate.
Insurance and damage: report the loss without delay in accordance with the syndicate’s policy. Coordinate with the insurer, the claims adjuster and, where applicable, the co-owner’s insurer. Deductibles and exclusions must be handled in accordance with the DCV and usual practices. Keep detailed minutes of board decisions and retain all supporting documents for the annual general meeting and financial statements.
In the event of a persistent refusal, court proceedings (an access order, injunction or claim) may be necessary. Before going to court, weigh the costs and benefits against the evidence available. A gradual, well-documented approach improves the chances of a quick resolution.
Preventing abandonment and unsanitary conditions: board tools
Prevention costs less than a reaction. Incorporate these practices into your governance:
- By-laws of the immovable: require an emergency access key, establish a minimum maintenance obligation and provide for occasional, non-intrusive inspections.
- Maintenance logbook and maintenance logbook study: track replacement cycles (for example, water heaters), allocate budgets and plan targeted inspections.
- Proactive communication: remind co-owners of their obligations at the annual general meeting and through newsletters; explain the consequences of failing to maintain the private portion.
- Qualified contractors: maintain a list of RBQ-licensed companies for quick plumbing, electrical and remediation work.
If your syndicate lacks the time or tools, consider supporting the board with a management mandate. See our operational and administrative management services:
- Operations management: interventions, preventive maintenance, suppliers and damage — https://www.multirent.ca/services/#gestion-des-operations
- Administrative management: registers, notices, minutes, annual general meetings and compliance — https://www.multirent.ca/services/#gestion-administrative
For more resources and practical articles, visit our blog: https://www.multirent.ca/blogue/
FAQ — Abandoned or unsanitary unit
Can the board enter a unit without consent?
In a proven emergency, immediate access may be justified to protect the building and its occupants. Outside an emergency, provide reasonable written notice and rely on the DCV, the by-laws of the immovable and the C.c.Q. Systematically document the intervention.
Who pays for emergency work carried out by the syndicate?
Necessary and reasonable costs incurred to preserve the building are charged to the responsible party according to the cause of the damage and the allocation between the common portions and private portions. In the event of non-payment, the syndicate may recover the amounts through the mechanisms provided for in the C.c.Q. and the DCV.
What should we do if the unit is subject to a hypothec or has been repossessed by the lender?
Contact the hypothecary creditor identified in the syndicate’s register and continue collection efforts in accordance with the law. Obligations attached to the fraction remain in effect; court remedies may be required depending on the circumstances. Obtain legal advice before taking any complex step.
This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.
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