RSS condolegal 2019-07-16T15:00:59+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Insurances of the syndicate]]>

Your co-ownership is exposed to various risks, such as fire, water damage, theft and vandalism. When a loss occurs, the insurance of the co-ownership covers the immovable and the civil liability of the syndicate of co-owners.

The syndicate has the obligation to subscribe this type of insurance. The Law and the vast majority of declarations of co-ownership make it compulsory. The insurance contract describes the guarantees offered, their limits, exclusions, and the amounts of the deductibles.

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2019-07-15T09:00:00+0000 2019-07-15T11:55:42+0000 http://en.condolegal.com/insurance/factsheets/987-insurance-syndicate Your co-ownership is exposed to various risks, such as fire, water damage, theft and vandalism. When a loss occurs, the insurance of the co-ownership covers the immovable and the civil liability of the syndicate of co-owners. The syndicate has the obligation to subscribe this type of insurance. The Law and the vast majority of declarations of co-ownership make it compulsory. The insurance contract describes the guarantees offered, their limits, exclusions, and the amounts of the deductibles.
<![CDATA[Insurance of the directors]]> The director plays a leading role in a co-ownership. As a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business, which implies a working knowledge of the tasks related to this key function. As such, directors must act with prudence, diligence, honesty and loyalty, and never lose sight of the co-owners community interests.

The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs.

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2019-07-15T02:27:00+0000 2019-07-15T11:57:11+0000 http://en.condolegal.com/insurance/factsheets/774-civil-liability-directors The director plays a leading role in a co-ownership. As a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business, which implies a working knowledge of the tasks related to this key function. As such, directors must act with prudence, diligence, honesty and loyalty, and never lose sight of the co-owners community interests. The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs.
<![CDATA[Insurance of General Meeting Officers ]]>

The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality.

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2019-07-14T02:27:00+0000 2019-07-15T11:59:02+0000 http://en.condolegal.com/insurance/factsheets/2201-liability-insurance-general-meeting-officers The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality.
<![CDATA[Insurance of the manager]]> copropriete-condo-13.jpgThe tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.

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2019-07-13T02:26:00+0000 2019-07-15T12:00:04+0000 http://en.condolegal.com/insurance/factsheets/1232-CIVIL-LIABILITY-INSURANCE-MANAGER The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.
<![CDATA[Insurance of the co-ownership-manager]]> The day-to-day administration of the syndicate may even be entrusted to a co-ownership manager who may, but need not be, chosen from among the co-owners. The syndicate of co-owners can thus delegate to the co-ownership manager other tasks and responsibilities that are generally the responsibility of the board of directors (collect the syndicate's claims, publish a notice of legal hypothec on the fraction of defaulting co-owner, instituting legal proceedings for all matters concerning his administration, giving releases and discharges, etc.). Yet, anyone who is in charge of administering property that is not his own or that is not only his own assumes significant responsibilities. That is why - and notwithstanding the co-ownership manager’s best intentions- it is advisable to take out insurance to cover his faults, errors or omissions.

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2019-07-12T02:26:00+0000 2019-07-15T12:01:21+0000 http://en.condolegal.com/insurance/factsheets/2525-civil-liability-insurance-of-the-co-ownership-manager The day-to-day administration of the syndicate may even be entrusted to a co-ownership manager who may, but need not be, chosen from among the co-owners. The syndicate of co-owners can thus delegate to the co-ownership manager other tasks and responsibilities that are generally the responsibility of the board of directors (collect the syndicate's claims, publish a notice of legal hypothec on the fraction of defaulting co-owner, instituting legal proceedings for all matters concerning his administration, giving releases and discharges, etc.). Yet, anyone who is in charge of administering property that is not his own or that is not only his own assumes significant responsibilities. That is why - and notwithstanding the co-ownership manager’s best intentions- it is advisable to take out insurance to cover his faults, errors or omissions.
<![CDATA[Insurances of the Co-owner]]>

When you own an apartment in a co-ownership, you share the common portions, such as the roof, the lobby and the elevators in undivided ownership with the other owners. By the same token, you also share a portion of the liabilities attached to them.

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2019-07-11T02:22:00+0000 2019-07-15T12:02:22+0000 http://en.condolegal.com/insurance/factsheets/777-co-owner-insurance When you own an apartment in a co-ownership, you share the common portions, such as the roof, the lobby and the elevators in undivided ownership with the other owners. By the same token, you also share a portion of the liabilities attached to them.
<![CDATA[Elevator problems in Ontario co-ownerships]]> July 11, 2019 – There are many problems with elevators in Ontario co-ownerships. One of the main concerns they generate is logistical, due to a shortage of elevator technicians in this province. Moreover, it is very common for service calls to require a delay before someone can come to make the required repairs.

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2019-07-10T18:25:00+0000 2019-07-11T13:35:59+0000 http://en.condolegal.com/syndicate/news/2633-elevator-problems-in-ontario-co-ownerships July 11, 2019 – There are many problems with elevators in Ontario co-ownerships. One of the main concerns they generate is logistical, due to a shortage of elevator technicians in this province. Moreover, it is very common for service calls to require a delay before someone can come to make the required repairs.
<![CDATA[Should one always claim for a loss?]]>

After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of the syndicate, but also that of co-owners and lessees, who will respectively designate their own claim adjuster. Generally the co-owners affected by a loss, as well as the syndicate, believe that making a claim is always the right thing to do. This is true in many cases, but sometimes the syndicate might want to refrain from doing so.

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2019-07-10T02:37:00+0000 2019-07-15T12:03:11+0000 http://en.condolegal.com/insurance/factsheets/2578-should-one-always-claim-for-a-loss? After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of the syndicate, but also that of co-owners and lessees, who will respectively designate their own claim adjuster. Generally the co-owners affected by a loss, as well as the syndicate, believe that making a claim is always the right thing to do. This is true in many cases, but sometimes the syndicate might want to refrain from doing so.
<![CDATA[Lessee’s insurance ]]>

Contrary to other jurisdiction, Québec Law does not compel a lessee to subscribe “home insurance” which, in the event of a loss, covers his property and his civil liability. This “negative-obligation” becomes a problem if your lessee causes damages to a third party and he is not insured. In such cases, the declaration of co-ownership can hold you (the co-owner) solidarily liable for the damages he has caused.

Civil liability

Your lessee is liable for any damages he causes during the term of the rental. Civil liability insurance covers him against material damages or bodily harm he may inflict (unintentionally) to third parties, and against faults committed by persons he accommodates or lodges in his dwelling. This insurance also covers damages that his property may cause to third parties. For example, it will cover water damage to your apartment generated by an overflowing washing machine, and also in a neighbor’s apartment.

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2019-07-09T02:25:00+0000 2019-07-15T12:04:45+0000 http://en.condolegal.com/insurance/factsheets/779-Lessee-insurance Contrary to other jurisdiction, Québec Law does not compel a lessee to subscribe “home insurance” which, in the event of a loss, covers his property and his civil liability. This “negative-obligation” becomes a problem if your lessee causes damages to a third party and he is not insured. In such cases, the declaration of co-ownership can hold you (the co-owner) solidarily liable for the damages he has caused. Civil liability Your lessee is liable for any damages he causes during the term of the rental. Civil liability insurance covers him against material damages or bodily harm he may inflict (unintentionally) to third parties, and against faults committed by persons he accommodates or lodges in his dwelling. This insurance also covers damages that his property may cause to third parties. For example, it will cover water damage to your apartment generated by an overflowing washing machine, and also in a neighbor’s apartment.
<![CDATA[Insurance deductible]]>

Almost every insurance policy includes deductibles, in varying amounts according to the insured risk (e.g. fire and water damage). In co-ownerships, deductibles are a factor in the Building insurance, and in the third party liability insurance of the syndicate, directors, general meeting officers, co-ownership manager (gérant) and of the condo manager (gestionnaire). Regarding co-owner’s insurance, generally each home insurance policy contains one or more deductibles for various amounts according with the nature of the loss.

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2019-07-08T02:24:00+0000 2019-07-15T12:05:26+0000 http://en.condolegal.com/insurance/factsheets/813-insurance-deductible Almost every insurance policy includes deductibles, in varying amounts according to the insured risk (e.g. fire and water damage). In co-ownerships, deductibles are a factor in the Building insurance, and in the third party liability insurance of the syndicate, directors, general meeting officers, co-ownership manager (gérant) and of the condo manager (gestionnaire). Regarding co-owner’s insurance, generally each home insurance policy contains one or more deductibles for various amounts according with the nature of the loss.
<![CDATA[Insurance premium]]>

The insurance premiums are the amount paid by the insured monthly or annually to benefit in the event of a claim from the guarantees in the insurance policy. It is an expense towards the preservation, maintenance and administration of the immovable. Although the syndicate assumes this cost, it is charged back to the co-owners as a portion of their common expenses (condo fees).

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2019-07-07T02:24:00+0000 2019-07-15T12:06:37+0000 http://en.condolegal.com/insurance/factsheets/2244-insurance-premium The insurance premiums are the amount paid by the insured monthly or annually to benefit in the event of a claim from the guarantees in the insurance policy. It is an expense towards the preservation, maintenance and administration of the immovable. Although the syndicate assumes this cost, it is charged back to the co-owners as a portion of their common expenses (condo fees).
<![CDATA[Additional insurance premium]]> The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to scales that are specific to each insurer. Ultimately, the syndicate will pay this additional premium, which will be charged to all of the co-owners through the common expenses (condo fees) or, at times, some of them.

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2019-07-05T09:22:00+0000 2019-07-15T12:07:39+0000 http://en.condolegal.com/insurance/factsheets/2252-additional-insurance-premium The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to scales that are specific to each insurer. Ultimately, the syndicate will pay this additional premium, which will be charged to all of the co-owners through the common expenses (condo fees) or, at times, some of them.
<![CDATA[Water damages]]>

Water damage is the leading cause of loss in co-ownership. It is more and more costly, for syndicates and their insurers. In the last ten years, occurrences of water damages have more than doubled.

Lack of maintenance, sub-standard construction and climate changes are the main culprits. In most cases water damage affects equally common and private portions, thus it is one of the most complex loss to adjust.

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2019-07-04T09:21:00+0000 2019-07-15T12:08:38+0000 http://en.condolegal.com/insurance/factsheets/810-water-damages Water damage is the leading cause of loss in co-ownership. It is more and more costly, for syndicates and their insurers. In the last ten years, occurrences of water damages have more than doubled. Lack of maintenance, sub-standard construction and climate changes are the main culprits. In most cases water damage affects equally common and private portions, thus it is one of the most complex loss to adjust.
<![CDATA[What to do in case of loss?]]>

Effective management of a loss (e.g. water damage and fire) requires the implementation of prompt and effective actions so that your building is repaired in the best delays. This article is a summary, of the precautions to be taken and a check list of things to do once you become aware of a loss, whether in a private or common portion of your immovable.

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2019-07-03T09:20:00+0000 2019-07-15T12:37:26+0000 http://en.condolegal.com/insurance/factsheets/808-what-to-do-in-case-of-lost Effective management of a loss (e.g. water damage and fire) requires the implementation of prompt and effective actions so that your building is repaired in the best delays. This article is a summary, of the precautions to be taken and a check list of things to do once you become aware of a loss, whether in a private or common portion of your immovable.
<![CDATA[Insurance trustee and the substantial loss]]>

If your co-ownership suffers a "substantial loss" as a result of an incident, you must use the services of an insurance trustee in accordance with article 1075 of the Civil Code of Québec. This section stipulates that "the indemnity owing to the syndicate following a substantial loss is, notwithstanding article 2494, paid to the trustee appointed in the Constituting Act of the co-ownership or, when none has been appointed, designated by the syndicate".

The insurance trustee is a key person. His role is to manage the indemnities paid by the insurer. It ensures that the money available is in fact used to "repair or rebuild the immovable". All in all, the interest of the co-owners and their hypothecary creditors is protected. Indeed, it is in their best interest that the immovable is repaired or even rebuilt.

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2019-07-02T09:19:00+0000 2019-07-15T12:10:50+0000 http://en.condolegal.com/insurance/factsheets/802-insurance-trustee-substantial-lost If your co-ownership suffers a "substantial loss" as a result of an incident, you must use the services of an insurance trustee in accordance with article 1075 of the Civil Code of Québec. This section stipulates that "the indemnity owing to the syndicate following a substantial loss is, notwithstanding article 2494, paid to the trustee appointed in the Constituting Act of the co-ownership or, when none has been appointed, designated by the syndicate". The insurance trustee is a key person. His role is to manage the indemnities paid by the insurer. It ensures that the money available is in fact used to "repair or rebuild the immovable". All in all, the interest of the co-owners and their hypothecary creditors is protected. Indeed, it is in their best interest that the immovable is repaired or even rebuilt.
<![CDATA[Construction and civil liability insurance]]> The Law states that your syndicate's object, therefore its mission is "[...] the preservation of the immovable, the maintenance and administration of the common portions [...]." This implies that it has a duty to have carried out, over time, the work required to prevent the deterioration of the common portions of the immovable. The maintenance and conservation of its built up patrimony are therefore a must for any self-respecting co-ownership.

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2019-06-30T23:47:00+0000 2019-07-15T12:40:07+0000 http://en.condolegal.com/insurance/factsheets/798-construction-insurance The Law states that your syndicate's object, therefore its mission is "[...] the preservation of the immovable, the maintenance and administration of the common portions [...]." This implies that it has a duty to have carried out, over time, the work required to prevent the deterioration of the common portions of the immovable. The maintenance and conservation of its built up patrimony are therefore a must for any self-respecting co-ownership.
<![CDATA[Legal expenses insurance]]>

Legal fees may hold back those co-owners wishing to assert their rights. Legal expenses insurance overcomes this obstacle.

What is legal expense insurance?

This insurance allows the reimbursement, in part or in full, of lawyers' or notaries' fees to prevent or resolve a dispute. However, this guarantee is subject to pre-established conditions, deductibles and caps.

Insurance companies offering legal fees insurance can propose a lawyer, although it cannot impose him to you. You remain free to retain the lawyer of your choice.

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2019-06-30T02:28:00+0000 2019-07-15T12:41:14+0000 http://en.condolegal.com/insurance/factsheets/782-legal-expenses-insurance Legal fees may hold back those co-owners wishing to assert their rights. Legal expenses insurance overcomes this obstacle. What is legal expense insurance? This insurance allows the reimbursement, in part or in full, of lawyers' or notaries' fees to prevent or resolve a dispute. However, this guarantee is subject to pre-established conditions, deductibles and caps. Insurance companies offering legal fees insurance can propose a lawyer, although it cannot impose him to you. You remain free to retain the lawyer of your choice.
<![CDATA[Title insurance and legal hypothecs]]> You move into your new condo. A few weeks later, a bailiff knocks on your door and serves upon you a notice of preservation of a legal hypothec of construction. He also served all your neighbors. Reading this document, you learn that a dispute remains unresolved between the contractor and a supplier (or subcontractor), concerning work performed or materials furnished that have not been paid by the contractor.

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2019-06-29T02:31:00+0000 2019-07-15T12:43:16+0000 http://en.condolegal.com/insurance/factsheets/783-Title-insurance-and-legal-hypothecs You move into your new condo. A few weeks later, a bailiff knocks on your door and serves upon you a notice of preservation of a legal hypothec of construction. He also served all your neighbors. Reading this document, you learn that a dispute remains unresolved between the contractor and a supplier (or subcontractor), concerning work performed or materials furnished that have not been paid by the contractor.
<![CDATA[Condo manager]]>

Responsible for the orderly management, the manager plays a key role in a co-ownership. Its function is generally under the authority of the board of directors. Similarly to the directors, his function ensues from the preservation of the immovable for which he is responsible. The objective is to ease the director’s tasks, and not to replace them, so that they can better exercise their decision-making powers. Truly the one man band of a co-ownership, the manager must deploy his experience and knowledge for the benefit of the syndicate of co-owners for whom he works.

A review of the various aspects of his function.

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2019-06-28T16:00:00+0000 2019-07-15T10:04:13+0000 http://en.condolegal.com/management/factsheets/1127-condo-manager Responsible for the orderly management, the manager plays a key role in a co-ownership. Its function is generally under the authority of the board of directors. Similarly to the directors, his function ensues from the preservation of the immovable for which he is responsible. The objective is to ease the director’s tasks, and not to replace them, so that they can better exercise their decision-making powers. Truly the one man band of a co-ownership, the manager must deploy his experience and knowledge for the benefit of the syndicate of co-owners for whom he works. A review of the various aspects of his function.
<![CDATA[Co-ownership manager or condo manager: two distinct functions]]> Distinguishing between the function of the Co-ownership manager (gérant) and the Condo manager (gestionnaire) is not an easy task. Most participants who work in the field of co-ownership are struggling with this issue. In fact, the general perception of the similarity of their incumbent duties is wrong, as there are several differences between these two functions. The Co-ownership manager has decision-making powers regarding the management of the co-ownership. On the other hand the Condo manager acts as an advisor and is the one who implements the decisions made by the board of directors. This does not preclude him from making recommendations before these decisions are implemented. A discussion on two similar but not identical functions whose attributes, powers and duties are to be distinguished in many ways.

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2019-06-28T02:25:00+0000 2019-07-15T10:06:07+0000 http://en.condolegal.com/management/factsheets/2545-Condo-manager-or-co-ownership-manager-two-distinct-functions Distinguishing between the function of the Co-ownership manager (gérant) and the Condo manager (gestionnaire) is not an easy task. Most participants who work in the field of co-ownership are struggling with this issue. In fact, the general perception of the similarity of their incumbent duties is wrong, as there are several differences between these two functions. The Co-ownership manager has decision-making powers regarding the management of the co-ownership. On the other hand the Condo manager acts as an advisor and is the one who implements the decisions made by the board of directors. This does not preclude him from making recommendations before these decisions are implemented. A discussion on two similar but not identical functions whose attributes, powers and duties are to be distinguished in many ways.