September 23, 2016 - You hire a "contractor" to replace your kitchen and to save money, it is understood that the work will be paid cash that is to say without paying the usual taxes.
The work is progressing swiftly and you pay your "contractor" under the table. Nearing completion and all agreed sums disbursed, you find out the cabinets do not close properly, are improperly installed and to add insult to injury, some components are of different colors. In short, it's a disaster!
September 21, 2016 – on August 19, 2016, an interesting decision has been rendered by the Court of Québec (Honorable Pierre A. Gagnon, j.c.q.). It retains the liability of a contractor holding of a license from the Régie du bâtiment du Québec(Quebec Building Board) and operating since 1998, and condemned him to pay damages including damages to compensate the moral prejudice suffered by his clients, based on Charter of human rights and freedoms. Here are the facts.
In my practice, many clients consult me to convert an immovable comprising several apartments into divided co-ownership. Unfortunately this does not always prove possible, more particularly because of the very high costs such a process implies (such as subdivision taxes known «Parkland taxes» applicable in certain boroughs of Montreal or other municipalities) and vested rights in favor of tenants.
CASH BASIS OF ACCOUNTING
A cash basis of accounting consist of recording the transactions of the syndicate when the receipt or disbursement related to the transaction occurs. It is a faithful reproduction of the bank statement, broken down into various asset, liabilities, income or expenses accounts. Moreover, instead of talking about income and expenses, one should speak of receipts and disbursements. This basis of accounting has many limitations.
May 19, 2015 - I am sometimes asked for how long documents filed in the co-ownership register should be kept by the syndicate. This is a fair question, since the legislator has given no explicit directions on this subject in the Civil Code.
It could be that its silence means, "You must keep everything, permanently !” As far as I am concerned, I rather lean in that direction.
Your condo does not necessarily need a Chartered Professional Accountant to present its financial information, whether it is the financial statements, financial forecasts or funding requests. Competent administrators or contractors supervised by the directors could do the job and present the required financial information.
The need however could however be felt if the owners have doubts about the work done, the skills or the honesty of the current administration. Internal reporting to co-owners may also be absent or deficient. It is also possible that the general by-laws require the production of certified financial statements.
January 27th, 2016. Among the various obligations imposed upon each and every Syndicate of co-ownership, there is a particular one worthy of note. It is the obligation to keep the list of the Syndicate’s co-owners and the books and registers necessary for the proper functioning of the Syndicate. This is easily understandable, since the Syndicate, as a moral person distinct from its members, has its own “corporate life” which must be properly documented. The Code also tells us that these documents are the Syndicate’s property and that the co-owners have access to them (Article 342 of the Quebec Civil Code).
February 3rd 2016 - Cold windows or those that do not filter efficiently the sun's rays are not uncommon. This is caused by deficient weather-stripping and poorly performing glass.
As we have said repeatedly, weather-stripping can be replaced, and your windows made once again water and airtight. But in the world of glass, new solutions are now offered on the market to improve efficiency.
December 14th 2015 - Besides seeing to the respect of the declaration of co-ownership, you as directors of a condominium must ensure the maintenance and conservation of the building. It is your uppermost duty and the majority of your tasks ensue from this fundamental obligation.
December 11th 2015 - The main duty of the board of directors in a condominium is to manage the Syndicate’s business. This means first to ensure the maintenance and conservation of the building, secondly to see to it that everyone respects every disposition of the declaration of co-ownership.