Start with the declaration of co-ownership
The declaration sets out what is common and what is private, who pays for what and how decisions are made.
Some cases are less obvious than they look, such as a rooftop terrace reserved for one co-owner, a skylight, or a private air conditioning unit sitting on the common membrane. The declaration and a legal advisor will tell you how to treat them.
The role of the syndicate
Generally, the syndicate, through its board of directors, sees to the maintenance and preservation of the building. For the roof, in practice, that means:
- having the roof inspected regularly and keeping the reports
- knowing the age of the roof and planning its replacement
- getting bids and informing the co-owners
Board members are often volunteers, and for them managing roof work means bringing a group on board.
The contingency fund
The contingency fund is generally used to pay for major repairs and the replacement of common portions, according to your declaration of co-ownership. The roof is often one of the largest expenses the fund will have to cover.
An inspection report that places the replacement in time lets you check early enough whether the fund will be sufficient.
The amounts to pay into the fund, the required studies and special assessments are governed by law and by your declaration. Consult a legal advisor or your property manager to find out what applies to your building.
Who decides
Depending on the nature and scale of the work, the decision may rest with the board of directors or require a vote of the co-owners. The rules for calling meetings and voting are set by the declaration and by law. Have them confirmed before calling the meeting.
Whatever the rule, co-owners accept an expense more readily when they receive in advance:
- The inspection report, with photos showing the condition of the roof.
- The options: repair, redo part of the roof or redo all of it.
- Comparable bids, based on the same specification.
- The effect on the contingency fund and on contributions.
Leak in a private portion: who to call
A co-owner who sees water on the ceiling notifies the syndicate right away, in writing, with photos. The syndicate then has the source of the leak found.
Who pays for the damage inside depends on the cause, the declaration and the insurance policies of the syndicate and the co-owner. Each party notifies their own insurer.
Frequently asked questions
Does the top-floor co-owner pay more for the roof?
Whether the top-floor co-owner pays more depends on how the declaration of co-ownership shares the costs. Reread yours or ask a legal advisor.
Can a co-owner have the roof repaired on their own?
If the roof is a common portion, it is generally up to the syndicate to handle it. A co-owner who orders work on their own risks complicating warranties and liability. The right step is to notify the syndicate in writing.
What if the contingency fund is not enough?
There are different ways to finance the shortfall, and each one is governed by the declaration and by law. Talk to your property manager and a legal advisor before presenting a proposal to the co-owners.