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2019-11-05T15:46:00+0000 2019-11-05T14:46:09+0000 http://en.condolegal.com/condolegal/testimonials/824-submit-your-testimonial Send us your comments /point of view on our site at condolegal@gmail.com. Condolégal.com Inc. reserves its right to publish some comments on its website. Please indicate if you wish your name and occupation to appear.
<![CDATA[Enforcing the declaration of co-ownership]]> The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.

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2019-10-14T15:18:00+0000 2019-10-14T19:15:27+0000 http://en.condolegal.com/your-rights/factsheets/694-enforcing-the-declaration-of-co-ownership The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
<![CDATA[Prohibition to smoke in common areas ]]>

The Tobacco Control Act prohibits anyone from smoking in enclosed public premises. It applies to, but is not limited to, the enclosed common areas of any co-ownership comprising two dwellings or more. Terraces and outside areas - operated commercially - are also governed by this prohibition.

Do not take for granted that the words “common areas” have the same meaning as “common portions”. The Law applies only to public enclosed areas of a co-ownership. Therefore, it does not apply to all common portions.

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2019-10-13T15:47:00+0000 2019-10-14T19:16:39+0000 http://en.condolegal.com/your-rights/factsheets/1861-prohibition-smoking-common-areas The Tobacco Control Act prohibits anyone from smoking in enclosed public premises. It applies to, but is not limited to, the enclosed common areas of any co-ownership comprising two dwellings or more. Terraces and outside areas - operated commercially - are also governed by this prohibition. Do not take for granted that the words “common areas” have the same meaning as “common portions”. The Law applies only to public enclosed areas of a co-ownership. Therefore, it does not apply to all common portions.
<![CDATA[Airbnb type rentals ]]> The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit.

Many co-owners are unaware that this activity is prohibited in their building. Others are fully aware, but are unconcerned. However the incessant ins and outs of strangers brings its lot of disadvantages. Late and noisy arrivals, as well as departures at dawn are generally not compatible with the lifestyle sought by the resident-co-owners of the building. This practice can potentially have a negative impact on their safety.

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2019-10-12T22:00:00+0000 2019-10-14T19:17:33+0000 http://en.condolegal.com/your-rights/factsheets/2090-airbnb-type-rentals The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit. Many co-owners are unaware that this activity is prohibited in their building. Others are fully aware, but are unconcerned. However the incessant ins and outs of strangers brings its lot of disadvantages. Late and noisy arrivals, as well as departures at dawn are generally not compatible with the lifestyle sought by the resident-co-owners of the building. This practice can potentially have a negative impact on their safety.
<![CDATA[Divided co-ownership insurance reform : Bill 141 explained]]> December 4th / Montreal - In December 2018, several changes to the Civil Code of Québec affecting divided co-ownerships came into force. Bill 141 introduces several legislative amendments to co-ownership insurance. To help you understand these changes, our next Speed-Condo will cover everything you need to know on Bill 141 : self-insurance fund, description of the private portions and compensation rules.

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2019-10-11T17:24:00+0000 2019-10-11T17:51:51+0000 http://en.condolegal.com/condolegal/events/2684-insurance-reform-bill141 December 4th / Montreal - In December 2018, several changes to the Civil Code of Québec affecting divided co-ownerships came into force. Bill 141 introduces several legislative amendments to co-ownership insurance. To help you understand these changes, our next Speed-Condo will cover everything you need to know on Bill 141 : self-insurance fund, description of the private portions and compensation rules.
<![CDATA[Collection of unpaid common expenses]]>

The failure to pay general or special common expenses (condo fees), as well as those relating to the contingency fund, is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager.

When a co-owner's contributions have been in arrears for more than three months, the law provides, ex officio, that he automatically loses his right to vote at the general meetings of the co-owners. He is also exposed to legal recourses, so that the syndicate can recover the amounts owing. A review of the options in such cases.

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2019-10-11T14:31:00+0000 2019-11-01T11:40:48+0000 http://en.condolegal.com/your-rights/factsheets/692-Collection-of-unpaid-common-expenses The failure to pay general or special common expenses (condo fees), as well as those relating to the contingency fund, is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have been in arrears for more than three months, the law provides, ex officio, that he automatically loses his right to vote at the general meetings of the co-owners. He is also exposed to legal recourses, so that the syndicate can recover the amounts owing. A review of the options in such cases.
<![CDATA[Recourse against a co-owner liable for a loss]]>

A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in recent years.

Worse still, some insurers no longer want to insure co-ownerships, because of a loss ratio that has become out of control. This situation is directly related to the insurer of the syndicate, which is almost always called upon to cover a loss, when damage has been caused to the common and private portions. Thus the question of who is responsible arises. It is also necessary to know the applicable law to the owner at fault. Other considerations affect both the insurer of the syndicate and those of the co-owners concerned, to determine who will pay what?

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2019-10-11T03:55:00+0000 2019-10-14T19:30:18+0000 http://en.condolegal.com/your-rights/factsheets/816-recourse-against-a-co-owner-liable-for-a-loss A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in recent years. Worse still, some insurers no longer want to insure co-ownerships, because of a loss ratio that has become out of control. This situation is directly related to the insurer of the syndicate, which is almost always called upon to cover a loss, when damage has been caused to the common and private portions. Thus the question of who is responsible arises. It is also necessary to know the applicable law to the owner at fault. Other considerations affect both the insurer of the syndicate and those of the co-owners concerned, to determine who will pay what?
<![CDATA[Faulty design, latent and construction defects : What are the syndicate's recourses? ]]> The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate of co-owners to assert the rights of all co-owners to correct defects that appear, in the short or long term. This could occur during the initial construction of the building, or during work carried out several years after its erection. In short, when problems affect the common portions, the syndicate benefits from several legal warranties. Among them is the one against latent defects, design or construction defects. These warranties are worth their weight in gold, because very often, the cost of the work to be carried out in a co-ownership can be substantial.

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2019-10-09T18:29:00+0000 2019-10-14T19:35:38+0000 http://en.condolegal.com/your-rights/factsheets/699-latent-defects,-faulty-design-and-construction-defects-_-what-actions-for-the-syndicate?- The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate of co-owners to assert the rights of all co-owners to correct defects that appear, in the short or long term. This could occur during the initial construction of the building, or during work carried out several years after its erection. In short, when problems affect the common portions, the syndicate benefits from several legal warranties. Among them is the one against latent defects, design or construction defects. These warranties are worth their weight in gold, because very often, the cost of the work to be carried out in a co-ownership can be substantial.
<![CDATA[Retrieving the register of co-ownership ]]>

Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners and tenants of the immovable and the minutes of the co-owners meetings and the board of directors meetings, enabling it to carry out its mission adequately. The co-owners must have access to this register, which can be entrusted to a director or a condo manager.

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2019-10-07T12:25:00+0000 2019-10-14T19:39:31+0000 http://en.condolegal.com/your-rights/factsheets/2199-retrieving-register-of-co-ownership Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners and tenants of the immovable and the minutes of the co-owners meetings and the board of directors meetings, enabling it to carry out its mission adequately. The co-owners must have access to this register, which can be entrusted to a director or a condo manager.
<![CDATA[MEDIATION AND CO-OWNERSHIP]]>

Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding.

In such cases, a trial is not the only avenue. Before commencing legal proceedings, and even once they are engaged, it is still time to opt for the services of a mediator. The latter could resolve the conflict between co-owners or with the members of the board of directors.

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2019-10-06T15:16:00+0000 2019-10-30T22:52:24+0000 http://en.condolegal.com/your-rights/factsheets/834-Condominium-mediation-co-ownership Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding. In such cases, a trial is not the only avenue. Before commencing legal proceedings, and even once they are engaged, it is still time to opt for the services of a mediator. The latter could resolve the conflict between co-owners or with the members of the board of directors.
<![CDATA[CO-OWNERSHIP ARBITRATION ]]> Conflicts within co-ownerships are not uncommon. They can arise between co-owners, in particular in the context of neighborhood annoyances (noise, abusive uses of the common portions) but also between the board of directors and the co-owners. They can be resolved amicably, for example through mediation, or through the judicial process or arbitration. The Code of Civil Procedure encourages alternative methods of dispute resolution, such as mediation, arbitration or conciliation. It even obliges the parties to "consider" the use of private methods of prevention and settlement of their dispute before judicializing their dispute. These methods of settlement are in principle more user-friendly, accessible and expeditious.

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2019-10-05T15:15:00+0000 2019-10-14T19:42:00+0000 http://en.condolegal.com/your-rights/factsheets/902-co-ownership arbitration Conflicts within co-ownerships are not uncommon. They can arise between co-owners, in particular in the context of neighborhood annoyances (noise, abusive uses of the common portions) but also between the board of directors and the co-owners. They can be resolved amicably, for example through mediation, or through the judicial process or arbitration. The Code of Civil Procedure encourages alternative methods of dispute resolution, such as mediation, arbitration or conciliation. It even obliges the parties to "consider" the use of private methods of prevention and settlement of their dispute before judicializing their dispute. These methods of settlement are in principle more user-friendly, accessible and expeditious.
<![CDATA[Co-ownership management as seen by the international Francophonie]]> September 27, 2019 - The professionalization of condo managers, as well as the best practices to be deployed within this housing model, have been at the heart of debates for several years now in several French-speaking territories around the world. Whether in Quebec or in Europe, a number of players working in this field are meeting to discuss it.

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2019-09-27T20:01:00+0000 2019-10-04T20:49:17+0000 http://en.condolegal.com/syndicate/news/2675-co-ownership-management-as-seen-by-the-international-francophonie September 27, 2019 - The professionalization of condo managers, as well as the best practices to be deployed within this housing model, have been at the heart of debates for several years now in several French-speaking territories around the world. Whether in Quebec or in Europe, a number of players working in this field are meeting to discuss it.
<![CDATA[The draft regulation on co-ownership insurance should be clarified]]> August 6, 2019 - Several clarifications are requested with respect to the draft regulation on co-ownership insurance. Tabled on July 17, its content raises questions expressed by the Damage Insurance Chamber (Chambre de l'assurance de dommages (ChAD)), the Insurance Bureau of Canada (IBC) and the Québec Co-owners and Manager Association (Regroupement des gestionnaires et copropriétaires du Québec (RGCQ)).

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2019-09-06T18:23:00+0000 2019-10-13T23:16:19+0000 http://en.condolegal.com/insurance/news/2665-the-draft-regulation-on-co-ownership-insurance-should-be-clarified August 6, 2019 - Several clarifications are requested with respect to the draft regulation on co-ownership insurance. Tabled on July 17, its content raises questions expressed by the Damage Insurance Chamber (Chambre de l'assurance de dommages (ChAD)), the Insurance Bureau of Canada (IBC) and the Québec Co-owners and Manager Association (Regroupement des gestionnaires et copropriétaires du Québec (RGCQ)).
<![CDATA[More interviews given by Yves Joli-Coeur on Bill 16]]> September 4, 2019 - Yves Joli-Coeur, lawyer emeritus and Secretary General of the RGCQ, gave two interviews yesterday on both the radio and television channels of Radio-Canada. The subject on the agenda was Bill 16, which aims to reform co-ownership law in Quebec.

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2019-09-04T14:33:00+0000 2019-09-07T20:45:26+0000 http://en.condolegal.com/syndicate/news/2664-more-interviews-given-by-yves-joli-coeur-on-bill-16 September 4, 2019 - Yves Joli-Coeur, lawyer emeritus and Secretary General of the RGCQ, gave two interviews yesterday on both the radio and television channels of Radio-Canada. The subject on the agenda was Bill 16, which aims to reform co-ownership law in Quebec.
<![CDATA[Can a syndicate do without a condo manager? ]]> September 3, 2019 - Many syndicates believe entrusting the management of a co-ownership to a volunteer co-owner is the ideal scenario. He is unpaid and lives in the building, which will make it easier for him to solve problems. But in reality, those who take the time to evaluate the pros and cons of the services of a condo manager often discover that his presence could allow a competent administration and generate savings.

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2019-09-03T18:08:00+0000 2019-09-12T13:24:51+0000 http://en.condolegal.com/condolegal/chronicles/michael-chetboun/2663-can-a-syndicate-do-without-a-condo-manager?- September 3, 2019 - Many syndicates believe entrusting the management of a co-ownership to a volunteer co-owner is the ideal scenario. He is unpaid and lives in the building, which will make it easier for him to solve problems. But in reality, those who take the time to evaluate the pros and cons of the services of a condo manager often discover that his presence could allow a competent administration and generate savings.
<![CDATA[A notary odered to pay $3,000 with interest]]> July 25, 2019 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo (in 2018) learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.

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2019-07-25T13:27:00+0000 2019-07-29T12:56:02+0000 http://en.condolegal.com/purchase/news/2647-a-notary-odered-to-pay-$3,000-with-interest July 25, 2019 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo (in 2018) learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.
<![CDATA[Pierre G. Champagne talks about the new draft Regulation and the obligation to create a self-insurance fund on 104.7 FM]]> July 23, 2019 - Pierre G. Champagne, lawyer and partner at the de Grandpré Joli-Coeur law firm, was interviewed by Marika Wheeler from CBC Radio on the proposed draft Regulation published on July 17, 2019. This Regulation would require syndicates to create an self-insurance fund for their co-ownership, in addition to the contingency fund. The self-insurance fund will be created to cover the highest deductible of the insurance policy of the syndicate.

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2019-07-23T20:21:00+0000 2019-07-25T14:22:09+0000 http://en.condolegal.com/insurance/news/2646-pierre-g.-champagne-talks-about-the-new-draft-regulation-and-the-obligation-to-create-an-auto-insurance-fund-on-104.7-fm July 23, 2019 - Pierre G. Champagne, lawyer and partner at the de Grandpré Joli-Coeur law firm, was interviewed by Marika Wheeler from CBC Radio on the proposed draft Regulation published on July 17, 2019. This Regulation would require syndicates to create an self-insurance fund for their co-ownership, in addition to the contingency fund. The self-insurance fund will be created to cover the highest deductible of the insurance policy of the syndicate.
<![CDATA[Self-insurance funds in co-ownerships : don't panic! ]]> July 20, 2019 - Quebec co-owners are concerned since the announcement of a draft regulation that will require syndicates of co-owners to create a self-insurance fund. However, it should be noted that contrary to what has been reported by some news sources, once adopted, this regulation will only come into force 24 months later.

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2019-07-20T14:52:00+0000 2019-09-07T18:53:46+0000 http://en.condolegal.com/insurance/news/2644-self-insurance-fund-in-co-ownerships-_-don_t-panic!- July 20, 2019 - Quebec co-owners are concerned since the announcement of a draft regulation that will require syndicates of co-owners to create a self-insurance fund. However, it should be noted that contrary to what has been reported by some news sources, once adopted, this regulation will only come into force 24 months later.
<![CDATA[The new law on co-ownership insurance takes another step forward]]> July 17, 2019 - The new law on co-ownership insurance took another step forward on July 17th with the publication of a draft regulation that will be open for comment for 45 days. The Minister of Finance may subsequently publish it, with or without modifications, considering the comments received.

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2019-07-17T20:06:00+0000 2019-07-19T18:28:35+0000 http://en.condolegal.com/insurance/news/2641-the-new-law-on-co-ownership-insurance-takes-another-step-forward July 17, 2019 - The new law on co-ownership insurance took another step forward on July 17th with the publication of a draft regulation that will be open for comment for 45 days. The Minister of Finance may subsequently publish it, with or without modifications, considering the comments received.
<![CDATA[The syndicates work in the common portions]]> Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest”. In the event that the latter fails to maintain and preserve the immovable, the syndicate may incur civil liability.

This means that it is bound to have the necessary work carried out to prevent deterioration of the common portions of the immovable. The declaration of co-ownership and other legal provisions impose this obligation.

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2019-07-17T15:16:00+0000 2019-08-30T21:58:37+0000 http://en.condolegal.com/work/factsheets/1791-the-syndicates-work-in-the-common-portions Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest”. In the event that the latter fails to maintain and preserve the immovable, the syndicate may incur civil liability. This means that it is bound to have the necessary work carried out to prevent deterioration of the common portions of the immovable. The declaration of co-ownership and other legal provisions impose this obligation.