Avoid (too) frequent mistakes when receiving common areas

The Regulation on the guarantee plan for new residential buildings provides for the existence of a guarantee for each of the private portions, but also a guarantee for the common portions for buildings owned in divided co-ownership. The latter starts when the common areas are received. However, too often, mistakes are made at this crucial stage. So here is a list of things NOT to do.

Although apparently very simple, the process of receiving common areas¹ includes some conditions. Compliance with each and every one of these conditions is mandatory for the proper reception of common areas, but unfortunately they are too often overlooked. So let's analyze some of the most common mistakes on a case-by-case basis so you can avoid them.

Do not wait for the completion of the work on the common areas.

Too often, entrepreneurs begin the process of receiving common portions before they are finished, often exposing themselves to an end of non-receipt by the co-owners and the syndicate of co-ownership (or syndicate). Not only will the common areas not be received, but the result will be a loss of trust that will favor the emergence of conflicts of all kinds. So it's important not to rush things.

Do not wait for the syndicate to be formed or independent of the contractor.

Even if this was not required, logic dictates that the common areas should be received by a syndicate that is no longer controlled by the contractor, but by the occupying co-owners. Thus, arbitral jurisprudence considers the reception of common parts that does not respect this elementary principle to be flawed.², which results in a revision of the warranty departure dates. The entrepreneur must therefore transfer control of the syndicate to the co-owners as soon as possible.

Do not send each beneficiary known to the independent syndicate a notice of completion of work.

The contractor must send the notices of completion of the work to the appropriate person, otherwise the reception of the common areas will be vitiated.³. Given this obligation, he has every interest in ensuring that he is in a position to prove this transmission, for example by handing them over at the meeting to transfer control of the syndicate to the occupying co-owners using an acknowledgement of receipt.

Choose or impose the building professional or even assume your costs.

It is the syndicate that must choose the professional and pay for it, otherwise the reception of the common areas will be vitiated.⁴.

Do not be present when the common areas are received.

The participation of the contractor in the reception of the common areas is mandatory, otherwise it will not be possible to invoke non-compliance with a deadline for appealing or implementing the guarantee.⁵. Such participation not only facilitates the resolution of disputes during site visits, but demonstrates the proactive nature of a diligent contractor.

Do not use the list provided by the administrator.

This is a regulatory requirement.⁶, which makes it possible to define the elements subject to verification by the professional by imposing a framework on him. This document includes several important pieces of information and will serve as a reference in the event of a complaint.

In conclusion, as can be seen, all of the above mistakes can easily be avoided as long as the entrepreneur takes the time to do things properly.

DID YOU KNOW THAT?
The administrator must provide each contractor with the list of elements to be checked for each category of buildings, approved by the Régie for the purposes of the inspection that precedes receipt.

1 See in particular for this purpose “The entry into force of guarantees for common areas” published on May 17, 2017 on AcqConstruire
2 See on the subject Syndicat de la du 4880, rue Beaubien Est, Montréal, Québec et 9036-7236 Québec inc. (Heritage Developments), Me Jeffrey Edwards, arbitrator, Canadian Commercial Arbitration Center (CCAC), S09-070101-NP and 12 913-28, 2009-12-14 or even Syndicate of Co-Owners Les Cours Montrougeau (905-925) and Construction Bernard & Lapointe Inc., Mr. Guy Pelletier, arbitrator, Société pour la Résolution des Conflicts Inc. (SORECONI), 081121001 and 08-356FL, 2009-05-04.
3 Syndicat 241, rue Deslières and Société en commandite Clairevue (9136-7243 Canada inc.), Me Albert Zoltowski, arbitrator, Canadian Commercial Arbitration Center (CCAC), S08-090601-NP, 2008-12-05.
4 Syndicat de MRLH et Constructions G. Mélatti inc., Me Jeffrey Edwards, arbitrator, Conflict Resolution Society Inc. (SORECONI), 05071S001 and 13 249-10,
2006-06-07.
5 Sections 33 and 35.1 of the Regulation.
6 Article 33 of the Regulation.

Consult the source publication