Work Required by the Syndicate in a Private Portion

In a divided co-ownership, the syndicate may require corrective work inside a condo to preserve the building, ensure safety or restore compliance. This quickly raises questions: who can order what, when, and who pays? If you are looking for answers about “syndicate work in a private portion obligation,” here is what you need to know to act properly.

When can the syndicate require work in a private portion?

The syndicate’s purpose is to preserve the building, maintain the common portions and administer the co-ownership (see section 1039 of the Civil Code of Quebec). When the condition of a private portion compromises safety, damages common portions or prevents their maintenance, the syndicate may require the co-owner to carry out the necessary work. Failing that, the syndicate may intervene and have the work carried out itself, at the expense of the responsible person, where a breach of the declaration of co-ownership (DCC) or the by-laws of the immovable has been proven.

In addition, the co-owner must allow access to their private portion to carry out work required to preserve the building, complete required inspections (e.g., contingency fund study/maintenance logbook) and respond to emergencies, subject to reasonable conditions (see sections 1066-1067 of the Civil Code of Quebec). In an emergency, prompt entry may be justified to prevent an incident or limit damage.

In practice, consider these typical situations:

• Water infiltration originating in a private portion but reaching common portions.
• Replacement of common plumbing risers requiring private walls to be opened.
• Upgrading safety devices (detectors, fire dampers) accessible from units.
• Access required for a technical inspection related to the maintenance logbook.

Recommended procedure: notice, deadlines and access

To keep things clear and proportionate, a simple procedure works well.

1. Verify and document: take photos, obtain a brief expert report and refer to the relevant DCC clauses. An objective record avoids unproductive debates at the annual general meeting or board of directors meeting.
2. Written notice to the co-owner: describe the breaches, the required work, a reasonable deadline and the obligation to provide access. Mention that, failing this, the syndicate may have the work carried out and claim the costs if there is a breach of the by-laws or an impact on the building.
3. Coordinate access: propose time slots, specify the contractor’s name and outline protective measures (drop cloths and keeping the areas clean). Access must remain reasonable and respect the occupants’ enjoyment of the premises.
4. Emergency: if an immediate risk of damage arises (e.g., an active leak), the syndicate may intervene without delay, notifying the co-owner as soon as possible. Document everything and provide prompt information.
5. Follow-up and minutes: record the decision and key steps in the board of directors’ minutes. For major projects involving common portions, a board of directors resolution is often sufficient; if the cost or scope exceeds the usual powers, obtain approval at the annual general meeting in accordance with the DCC.

This approach is consistent with good practices promoted in the industry and helps ensure compliance with the Civil Code of Quebec.

Who pays? Allocation of costs and impact on common expenses

The general rule is simple:

• Private or negligent cause: if the problem results from a poorly maintained private appliance (e.g., an expired water heater) or non-compliant use, the responsible co-owner assumes the cost of the work in their private portion and, where necessary, compensation for damage to the common portions. This is based on the maintenance and use obligations set out in the Civil Code of Quebec and the DCC.
• Preservation of the building/common portions: if the work concerns a common component (e.g., a water riser or electrical riser) requiring partitions in units to be opened, the cost of that work generally falls to the syndicate and is allocated as common expenses or paid from the available contingency fund. If it was not budgeted, a special assessment may be considered.
• Insurance: depending on the coverage in force, some expenses may be covered by the syndicate’s policy (building) or the co-owner’s insurance (improvements, contents and liability). Deductibles and exclusions vary; the DCC may also provide for charging the deductible to the co-owner responsible for the incident where the evidence establishes this.

In all cases, refer to the DCC and the by-laws of the immovable and, where necessary, consult a legal professional. Remember that condo fees (common expenses) are used in part to maintain the common portions, while the contingency fund covers planned major replacements. Unforeseen work may require assessments decided in accordance with the applicable voting rules.

Best practices for avoiding disputes

• Plan ahead: keep the maintenance logbook and contingency fund study up to date, schedule inspections and communicate timelines well in advance.
• Transparency: explain why access is required, the scope of the work and its duration. Prepare a simple frequently asked questions document and distribute it.
• Licensed contractors: hire contractors holding the required licence and request proof of liability insurance. This reassures co-owners and reduces risks.
• Respect for the premises: agree on clear standards (cleanliness, floor protection and permitted hours) and include them in the notice. A consistent protocol reduces complaints.
• Traceability: keep photos, reports and communications. In the event of a dispute or formal demand, these records can be decisive.

To structure your procedures and lighten the board of directors’ workload, consider a managed delegation to a condominium manager: follow-up on notices, contractor coordination, recording decisions and communication before and after the work. See our operations management and administrative management services for concrete examples of support. You can also consult our blog for other practical guides.

Useful resources for further information:

• The general framework governing the syndicate and preservation of the building under the Civil Code of Quebec (C.c.Q., including sections 1039, 1066-1067) on LégisQuébec: consult the C.c.Q.
• Condominium management recommendations and good practices from the RGCQ: rgcq.org
• Contractor licence verification through the Regie du batiment du Quebec (RBQ): licence holder registry

This article provides general information and does not constitute legal advice. Consult a lawyer or notary for advice about your situation.

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