![]() ![]() He may be liable for damage resulting from an inability to quickly enter his unit. WARNING ! The co-owner who refuses to hand over the key of his private portion to the syndicate may incur civil liability. It is however forbidden, except in case of an emergency, to use this duplicate without his consent. WHAT TO KEEP IN MIND : It is not forbidden for a syndicate to keep duplicate keys of the co-owner’s condo. Similarly, in case of loss of his keys, the co-owner or the occupant may find it advantageous to borrow those held by the syndicate rather than using a locksmith. ![]() WHAT YOU SHOULD KNOW ! In case of fire or water damage, it is better to have the keys to the apartment to be able to enter it and for example stop the water leak rather than resorting to the services of the firefighters who will break the door. He may exercise recursory legal recourses against any person whose fault, or act, is at the origin of an emergency that justified the intervention of the fire department. In addition, breaking down a co-owner’s door, in his absence, will cause damage that the latter will have to assume, if he did not give access to his unit in case of an emergency. ![]() The best thing to do is generally to call the fire department. Nevertheless, it is not advisable to act alone in such circumstances, because of the risk of being sued by the absent co-owner. It could then take drastic measures, depending on the nature of the event in question. In case of an emergency, the syndicate can therefore find itself in a quandary if it does not have the key to the unit in which an urgent intervention is required. Unfortunately, the duplicate keys and alarm system provisions are not always respected. It should be noted that several municipal regulations provide for a fine for any false alarm, on account of the police being called to the scene. The co-owner concerned should assume the resulting repair costs, as well as any other related invoice, such as if the police is called. Failing doing so, a syndicate cannot be blamed for interrupting the alarm, even if in doing so it damages its components. In addition, the declaration of co-ownership usually provides that if the unit is equipped with an alarm system, the access code must be disclosed to the directors. Ditto if a director wants to inspect components or have work performed therein. For example, it would be unlawful to enter the unit (without warning) for a reason based on mere suspicion, such as to inspect work that would have been undertaken without the syndicate’s authorization. The directors can not enter the apartment without a valid reason, unless having informed the co-owner within the delays provided in the declaration of co-ownership, and that the latter has given his consent (if required). The Superior Court of Québec held that this clause was not contradictory to the Charter of Human Rights and Freedoms, as regards the rights to the enjoyment of property and the inviolability of the home (articles 6 to 8 of the Charter), relying in particular on articles 10 of the Civil Code of Quebec. It is also specified that the holder of the duplicate keys is only allowed to enter the private portion under reserve of some conditions, such as in case of fire, or if it is necessary to intervene urgently following a ruptured pipe, an electrical circuit failure, a broken window pane, water damage, infiltration or flooding. The declaration of co-ownership generally stipulates that any occupant must leave the keys to his unit to the directors of the syndicate or the manager of the co-ownership, if applicable. Although the law is silent on this issue, most declarations of co-ownership have a provision that imposes this rule upon co-owners, tenants or any other occupant of the immovable. In order not to delay the execution of such work, any co-owner should supply a duplicate of the keys to their apartment to a representative of the board of directors or to the condo manager. In the event of an emergency work (for example during water damage), the co-owners are required to give free access to their private portions to a representative of the syndicate. ![]()
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