RSS condolegal 2017-11-24T11:12:14+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Co-insurance clause- What is it?]]>

Question: I just received the renewal of the insurance policy of our syndicate of co-owners. However, it includes a proportional clause of 90%. What is it ?

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2017-11-19T17:39:00+0000 2017-11-20T08:36:09+0000 http://en.condolegal.com/insurance/questions-answers/2319-co-insurance-clause-what-is-it Question: I just received the renewal of the insurance policy of our syndicate of co-owners. However, it includes a proportional clause of 90%. What is it ?
<![CDATA[Insurance the like of which you've never seen ]]>

October 31, 2017 - After conducting a co-ownership insurance consultation, from July 14 to August 29, the department of Finance is currently working on Bill 150, which provides significant changes in this field.

Compulsory co-owners insurance

As a first step, the Law will require that "each co-owners shall take out third person liability insurance “. The minimum compulsory amount will be determined by government regulation. In addition, the syndicates will have to make available to the co-owners a "sufficiently precise description of the private portions", so that the improvements that have been made therein are easily identifiable.

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2017-10-31T22:59:00+0000 2017-11-13T10:46:18+0000 http://en.condolegal.com/insurance/news/2308-Insurance-the-like-of-which-you-have-never-seen October 31, 2017 - After conducting a co-ownership insurance consultation, from July 14 to August 29, the department of Finance is currently working on Bill 150, which provides significant changes in this field. Compulsory co-owners insurance As a first step, the Law will require that "each co-owners shall take out third person liability insurance “. The minimum compulsory amount will be determined by government regulation. In addition, the syndicates will have to make available to the co-owners a "sufficiently precise description of the private portions", so that the improvements that have been made therein are easily identifiable.
<![CDATA[$ 500,000 in unpaid condo fees]]> October 25, 2017 -- Unpaid condo fees worry the co-owners who end up being saddled with them, as the syndicate of co-owners' of Place St. Laurent in Rimouski is well aware .It had to resort to the Superior Court to claim its due.

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2017-10-25T15:38:00+0000 2017-11-13T10:54:03+0000 http://en.condolegal.com/syndicate/news/2305-$ 500,000-unpaid-condo-fees October 25, 2017 -- Unpaid condo fees worry the co-owners who end up being saddled with them, as the syndicate of co-owners' of Place St. Laurent in Rimouski is well aware .It had to resort to the Superior Court to claim its due.
<![CDATA[Mission and powers]]>

The Board of Directors manages the affairs of the syndicate of co-owners, so that it can operate in accordance with the law and the declaration of co-ownership. Its main role is to ensure the preservation of the immovable. As a general rule, it is the decision-making body that ensures the maintenance of its common portions. If necessary, it must undertake the necessary work to ensure its sustainability.

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2017-10-18T12:40:00+0000 2017-11-16T12:04:15+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2304-board-directors-mission-and-powers The Board of Directors manages the affairs of the syndicate of co-owners, so that it can operate in accordance with the law and the declaration of co-ownership. Its main role is to ensure the preservation of the immovable. As a general rule, it is the decision-making body that ensures the maintenance of its common portions. If necessary, it must undertake the necessary work to ensure its sustainability.
<![CDATA[Condos: Downtown is back ]]>

October 11, 2017 - Condo fever has truly resumed in downtown Montreal. Several major projects are planned, including the Tour des Canadiens (Phase III), near the Bell Center.

Another sign of the bullish business climate in the borough, Broccolini announced last week, the construction of a 150 million project. The 628 Saint-Jacques, in the heart of Square Victoria. It will include 251 condominium units on 35 floors. Several other projects will soon be announced, as the lull observed over the last two years seems to be a thing of the past.

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2017-10-11T14:25:00+0000 2017-11-13T11:00:23+0000 http://en.condolegal.com/purchase/news/2301-Condos-Downtown-is-back October 11, 2017 - Condo fever has truly resumed in downtown Montreal. Several major projects are planned, including the Tour des Canadiens (Phase III), near the Bell Center. Another sign of the bullish business climate in the borough, Broccolini announced last week, the construction of a 150 million project. The 628 Saint-Jacques, in the heart of Square Victoria. It will include 251 condominium units on 35 floors. Several other projects will soon be announced, as the lull observed over the last two years seems to be a thing of the past.
<![CDATA[Are our condos in jeopardy?]]> October 10, 2017 - The jingle is familiar: our collective dwellings may not well withstand the passage of time, because of "a deficit in terms of the built quality of real estate ", says lawyer emeritus Yves Joli-Coeur, also the secretary general of the RGCQ.

« It is reminiscent of road infrastructures. When we pass under a bridge, we sometimes wonder if it will fall down on us. Is this the case for co-ownership? In part, yes», added Yves Joli-Coeur. According to him, the situation in Quebec would be worse than elsewhere in the country.

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2017-10-10T17:40:00+0000 2017-11-13T11:20:20+0000 http://en.condolegal.com/work/news/2300-Are-our-condos-in-jeopardy October 10, 2017 - The jingle is familiar: our collective dwellings may not well withstand the passage of time, because of "a deficit in terms of the built quality of real estate ", says lawyer emeritus Yves Joli-Coeur, also the secretary general of the RGCQ. « It is reminiscent of road infrastructures. When we pass under a bridge, we sometimes wonder if it will fall down on us. Is this the case for co-ownership? In part, yes», added Yves Joli-Coeur. According to him, the situation in Quebec would be worse than elsewhere in the country.
<![CDATA[Mandatory training for condo directors]]>

September 29, 2017 - Condolegal.com recently announced that the Ontario government established a condominium authority, (Condominium Authority of Ontario -CAO). Among the new measures adopted, it will impose mandatory training for co-ownership directors under the Protecting Condominium Owners Act.

Over the next two months, the CAO will be proposing four director training on-line pilot projects, divided into four components:

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2017-09-29T18:21:00+0000 2017-10-03T11:46:17+0000 http://en.condolegal.com/syndicate/news/2296-Mandatory-training-condo-directors September 29, 2017 - Condolegal.com recently announced that the Ontario government established a condominium authority, (Condominium Authority of Ontario -CAO). Among the new measures adopted, it will impose mandatory training for co-ownership directors under the Protecting Condominium Owners Act. Over the next two months, the CAO will be proposing four director training on-line pilot projects, divided into four components:
<![CDATA[Condo fees with interest]]> September 26, 2017 - A recent Ontario judgment addressed a sensitive issue, namely the ability of a syndicate (in that province) to recover interest on unpaid common expenses (condo fees). The court also ruled on the reimbursement of fees resulting from legal proceedings by the unsuccessful party.

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2017-09-28T18:33:00+0000 2017-11-08T21:45:29+0000 http://en.condolegal.com/your-rights/news/2295-condo-fees-interest September 26, 2017 - A recent Ontario judgment addressed a sensitive issue, namely the ability of a syndicate (in that province) to recover interest on unpaid common expenses (condo fees). The court also ruled on the reimbursement of fees resulting from legal proceedings by the unsuccessful party.
<![CDATA[Proxies : Everything you should know]]> September 29, 2017 – Proxies, coveted by many when a decisive co-ownership vote is foreseen, are a formidable tool during general meetings. Their validity of is often challenged, along with many attempts to render them ineffective. What should you know?

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2017-09-26T17:52:00+0000 2017-10-16T08:52:52+0000 http://en.condolegal.com/syndicate/chronicles/marie-cecile-bodeues/2292-Proxies-everything September 29, 2017 – Proxies, coveted by many when a decisive co-ownership vote is foreseen, are a formidable tool during general meetings. Their validity of is often challenged, along with many attempts to render them ineffective. What should you know?
<![CDATA[Declaration of co-ownership ]]>

The declaration of co-ownership is a convention that organizes and regulates the collective life of the co-owners and occupants of the building. This Convention defines in particular their rights and obligations. It is usually developed unilaterally by the developer or owner of the building. Legally, the declaration of co-ownership is a real contract of adhesion, because any new co-owner is obliged to adhere to it.

This is a key legal document. Its publication gives rise to the co-ownership and the syndicate. Look at the different aspects of the declaration of co-ownership.

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2017-09-23T10:11:00+0000 2017-11-23T13:27:55+0000 http://en.condolegal.com/syndicate/factsheets/2291-Declaration-of-co-ownership The declaration of co-ownership is a convention that organizes and regulates the collective life of the co-owners and occupants of the building. This Convention defines in particular their rights and obligations. It is usually developed unilaterally by the developer or owner of the building. Legally, the declaration of co-ownership is a real contract of adhesion, because any new co-owner is obliged to adhere to it. This is a key legal document. Its publication gives rise to the co-ownership and the syndicate. Look at the different aspects of the declaration of co-ownership.
<![CDATA[Directors libeled by e-mail]]>

September 21, 2017 - In a recent Ontario ruling, a syndicate of co-owners has been authorized to present a request with Yahoo to unmask the author of potentially defamatory e-mails. These anonymous messages were sent to the immovable’s co-owners and occupants, under the user name « Ian Fleming ».

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2017-09-21T20:42:00+0000 2017-10-03T11:41:46+0000 http://en.condolegal.com/your-rights/news/2290-directors-libeled-by-e-mail September 21, 2017 - In a recent Ontario ruling, a syndicate of co-owners has been authorized to present a request with Yahoo to unmask the author of potentially defamatory e-mails. These anonymous messages were sent to the immovable’s co-owners and occupants, under the user name « Ian Fleming ».
<![CDATA[Remuneration]]>

Most co-ownership directors perform their function as volunteers. But, contrary to popular belief, they can be paid. Their remuneration takes various forms: salary, honorariums and attendance fees, just to name a few. This financial compensation, a part of the administrative expenses of the co-ownership, may also include the reimbursement of some expenses incurred by a director.

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2017-09-13T17:36:00+0000 2017-10-03T18:47:45+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2289-Remuneration Most co-ownership directors perform their function as volunteers. But, contrary to popular belief, they can be paid. Their remuneration takes various forms: salary, honorariums and attendance fees, just to name a few. This financial compensation, a part of the administrative expenses of the co-ownership, may also include the reimbursement of some expenses incurred by a director.
<![CDATA[The co-ownership tempest in a “cannabis pot” ]]>

September 13, 2017 - The upcoming cannabis legalization is the object of a growing co-ownerships controversy. Neighborhood disturbances are likely to increase, as tobacco smoking already generates several co-owners conflicts, due to second-hand smoke migrating from one unit to another in some buildings.

Lawyer Sébastien Fiset believes that if pot is legalized for recreational purposes in Canada, the Québec Tobacco Control Act should apply. But would a syndicate succeed in prohibiting its use in the private portions of a co-ownership? Quebec case law tells us that this has already happened with smoking.

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2017-09-13T16:56:00+0000 2017-10-03T18:08:06+0000 http://en.condolegal.com/syndicate/news/2288-cannabis September 13, 2017 - The upcoming cannabis legalization is the object of a growing co-ownerships controversy. Neighborhood disturbances are likely to increase, as tobacco smoking already generates several co-owners conflicts, due to second-hand smoke migrating from one unit to another in some buildings. Lawyer Sébastien Fiset believes that if pot is legalized for recreational purposes in Canada, the Québec Tobacco Control Act should apply. But would a syndicate succeed in prohibiting its use in the private portions of a co-ownership? Quebec case law tells us that this has already happened with smoking.
<![CDATA[Speed-Condo : Co-ownership declaration ]]>

Octobre 04, 2017 - The declaration of co-ownership contains all the information required to ensure your building's proper management. This legal document marks the foundation of every co-ownership yet very few individuals have learnt how to master it. During this conference, you will learn how to navigate and comprehend the different parts of your declaration of co-ownership in order to effectively identify the information you seek.

Specialised lawyers will be there to answer all your questions.

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2017-09-12T07:57:00+0000 2017-09-13T09:12:03+0000 http://en.condolegal.com/condolegal/events/2287-speed-condo-co-ownership-declaration Octobre 04, 2017 - The declaration of co-ownership contains all the information required to ensure your building's proper management. This legal document marks the foundation of every co-ownership yet very few individuals have learnt how to master it. During this conference, you will learn how to navigate and comprehend the different parts of your declaration of co-ownership in order to effectively identify the information you seek. Specialised lawyers will be there to answer all your questions.
<![CDATA[CO-OWNERSHIP’S INSURANCE: A "MESS"]]>

September 11, 2017 - the RGCQ urges Québec to take action to end the current "confusion" in co-ownership insurance. "For two years Minister of Justice (Stephanie Vallée) tells us that she will legislate. We hope that she will finally make a move, "said Yves Joli-Coeur, Lawyer Emeritus and general secretary of the RGCQ.

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2017-09-11T19:05:00+0000 2017-09-18T13:31:19+0000 http://en.condolegal.com/insurance/news/2286-CO-OWNERSHIP-INSURANCE-A-MESS September 11, 2017 - the RGCQ urges Québec to take action to end the current "confusion" in co-ownership insurance. "For two years Minister of Justice (Stephanie Vallée) tells us that she will legislate. We hope that she will finally make a move, "said Yves Joli-Coeur, Lawyer Emeritus and general secretary of the RGCQ.
<![CDATA[Mandate’s term and termination]]>

The By-laws of the immovable generally provide all the director’s office specific provisions, including the duration of his term of office. If the By-laws are silent thereon, the legal term of one year will apply, in accordance with section 339 of the Civil Code of Québec, which specifies that “At the expiry of that period, their term continues unless it is revokedˮ. A director usually remains in office until the next annual general meeting of the co-owners, who will proceed to a re-election.

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2017-09-05T09:50:00+0000 2017-11-21T12:18:13+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2284-director-mandate-term-termination The By-laws of the immovable generally provide all the director’s office specific provisions, including the duration of his term of office. If the By-laws are silent thereon, the legal term of one year will apply, in accordance with section 339 of the Civil Code of Québec, which specifies that “At the expiry of that period, their term continues unless it is revokedˮ. A director usually remains in office until the next annual general meeting of the co-owners, who will proceed to a re-election.
<![CDATA[Towards condominium insurance reform]]> August 30, 2017 – The condo insurance consultation, held by the Ministry of Finance from July 14 to August 29, should eventually lead to major reforms in this field.

Bodies such as the Chambre de l’assurance de dommages (ChAD) (Damage Insurance Chamber), which oversee insurance brokers and agents’ work, as well as that of claims adjusters, responded to this consultation by producing a brief, filed with the Ministry of Finance. The latter will analyze the many proposals received, and take decisions that all interested parties hope will be in the best interest of all concerned.

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2017-08-30T13:58:00+0000 2017-09-11T20:59:12+0000 http://en.condolegal.com/insurance/news/2283-condominium-insurance-reform August 30, 2017 – The condo insurance consultation, held by the Ministry of Finance from July 14 to August 29, should eventually lead to major reforms in this field. Bodies such as the Chambre de l’assurance de dommages (ChAD) (Damage Insurance Chamber), which oversee insurance brokers and agents’ work, as well as that of claims adjusters, responded to this consultation by producing a brief, filed with the Ministry of Finance. The latter will analyze the many proposals received, and take decisions that all interested parties hope will be in the best interest of all concerned.
<![CDATA[Concealing two suicides can be expensive]]>

August 28, 2017 - A violent death must be declared by an owner selling his home or condo. This information may be crucial to potential buyers who may not want to acquire a residence with a gruesome past. Not revealing it may result in a lawsuit based on the buyer’s defect of consent.

Article 1401 of the Civil Code of Québec specifies in this regard that a party's error caused by fraud vitiates consent in all cases where, otherwise, the party would not have contracted or contracted under different terms.

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2017-08-28T14:38:00+0000 2017-09-15T23:39:56+0000 http://en.condolegal.com/purchase/news/2282-concealing-two-suicides August 28, 2017 - A violent death must be declared by an owner selling his home or condo. This information may be crucial to potential buyers who may not want to acquire a residence with a gruesome past. Not revealing it may result in a lawsuit based on the buyer’s defect of consent. Article 1401 of the Civil Code of Québec specifies in this regard that a party's error caused by fraud vitiates consent in all cases where, otherwise, the party would not have contracted or contracted under different terms.
<![CDATA[Mandatory license for co-ownership managers]]>

August 24, 2017 --- After enacting the Condominium Owners Protection Act in December 2015, Ontario recently announced an important guideline deriving therefrom. Effective November 1, 2017, all condominium (co-ownership) managers will have 90 days to apply for a license under the Condominium Management Services Act.

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2017-08-24T14:51:00+0000 2017-08-26T06:07:00+0000 http://en.condolegal.com/management/news/2281-mandatory-license-co-ownership-managers August 24, 2017 --- After enacting the Condominium Owners Protection Act in December 2015, Ontario recently announced an important guideline deriving therefrom. Effective November 1, 2017, all condominium (co-ownership) managers will have 90 days to apply for a license under the Condominium Management Services Act.
<![CDATA[Ethics and code of conduct]]>

The director of a co-ownership is called to play a key role in the sound management of the co-ownership and preservation of the patrimony of the co-owners. To strengthen and maintain the relationship of trust with them, every director must be fair, honest and loyal toward the Syndicate and the co-wners. The director must also respect ethical standards and the Code of conduct stipulated by the Civil Code of Quebec and the declaration of coownership.

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2017-08-24T11:43:00+0000 2017-10-02T19:53:10+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2280-ethics The director of a co-ownership is called to play a key role in the sound management of the co-ownership and preservation of the patrimony of the co-owners. To strengthen and maintain the relationship of trust with them, every director must be fair, honest and loyal toward the Syndicate and the co-wners. The director must also respect ethical standards and the Code of conduct stipulated by the Civil Code of Quebec and the declaration of coownership.