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.
September 8th 2015 – In the election campaign, the Chief Electoral Officer of Québec reminded the population of the candidates’ rights to access private units. Whoever prevents a candidate from entering the premises of a private unit can be subjected to a fine of $5,000 or an imprisonment sentence of a maximum of 6 months, or both. The syndicate of co-owners are especially targeted since ‟apartments or condos” fall under this umbrella.
June 5, 2015 - A resounding judgment was handed down on June 4, 2015 by Judge Danielle Turcotte, Superior Court judge, on the vote required in a co-ownership to adopt a penal clause.
What is a penal clause?
A penal clause is a provision allowing the syndicate to impose to a co-owner penalties or fines if he fails to comply with co-ownership rules. This is a penalty of a pecuniary nature: a sum of money is claimed from the defaulting co-owner. The penal clause must be sufficiently detailed for its application to be simple.
February 9th, 2015 – In many instances, a condo is bought before ground breaking. In fact, many buyers purchase their condo on the basis of documents supplied by the developer (“preliminary contract”) and of the plans shown to them. In essence, they purchase “on plan” and on the basis of the information notice supplied when the project provides for at least 10 residential units.
March 17, 2014 - We've already discussed in two previous columns the nature of incorporated co-ownerships and the differences between these forms of ownership compared to divided co-ownership (WHAT IS AN INCORPORATED CO-OWNERSHIP? IS IT A REAL CONDO? and CONDOS AND INCORPORATED CO-OWNERSHIPS: AVOID CONFUSION IN KIND! )
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.
November 11th, 2010 – Obtaining a certificate of location is essential in a real-estate transaction. It contains a plan showing the location of the building on the lot and a report certifying, amongst other matters, the conformity of the immovable to the laws and applicable regulations.