RSS condolegal 2020-04-04T06:12:47+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[THE CORONAVIRUS SOWS DISSENT IN CO-OWNERSHIP]]>

March 24, 2020 - The discord settles in co-ownership in Quebec, because of the coronavirus (COVID-19) and the constraints it causes in several buildings. Some of their occupants questioned the legitimacy of the directors to make unpopular decisions.

Swimming pools, terraces, gyms, saunas, lounges and libraries are suddenly closed in order to comply with government directives, which now prohibit gatherings of individuals.

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2020-03-24T15:00:00+0000 2020-03-26T12:33:55+0000 http://en.condolegal.com/syndicate/news/2766-coronavirus-co-ownerships March 24, 2020 - The discord settles in co-ownership in Quebec, because of the coronavirus (COVID-19) and the constraints it causes in several buildings. Some of their occupants questioned the legitimacy of the directors to make unpopular decisions. Swimming pools, terraces, gyms, saunas, lounges and libraries are suddenly closed in order to comply with government directives, which now prohibit gatherings of individuals.
<![CDATA[THE CONDO MANAGERS HAVE THEIR HANDS FULL WITH THE CORONAVIRUS]]> March 20, 2020 – Condo managers are very busy these days because of the coronavirus (COVID-19). And for good reason, since several syndicates of co-owners have seniors in their buildings, but also occupants who are hostile to containment measures.

"Last weekend, a Montreal co-owner threw a tantrum because the building manager closed the pool. This co-owner was so upset that he requested his dismissal," revealed Lawyer Emeritus and Secretary General of the RGCQ, Yves Joli-Coeur, in an interview with Radio-Canada yesterday.

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2020-03-20T18:53:00+0000 2020-03-26T12:33:09+0000 http://en.condolegal.com/management/news/2764-condo-managers-coronavirus March 20, 2020 – Condo managers are very busy these days because of the coronavirus (COVID-19). And for good reason, since several syndicates of co-owners have seniors in their buildings, but also occupants who are hostile to containment measures. "Last weekend, a Montreal co-owner threw a tantrum because the building manager closed the pool. This co-owner was so upset that he requested his dismissal," revealed Lawyer Emeritus and Secretary General of the RGCQ, Yves Joli-Coeur, in an interview with Radio-Canada yesterday.
<![CDATA[Michel Paradis]]>

Real estate law, particularly the laws of co-ownership as well as administrative, including transportation law, dominate Michel's practice. He also works in civil and commercial litigation.

Michel has pleaded before all civil courts and several administrative tribunals in Quebec; he has been to the Supreme Court of Canada four times, in particular on the Reference regarding Secession of Quebec and twice, as a lawyer of the Quebec Bar, in cases related to litigation privilege and the unauthorized practice of law.

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2020-03-17T18:39:00+0000 2020-03-25T13:54:24+0000 http://en.condolegal.com/condolegal/chroniclers/2760-michelparadis Real estate law, particularly the laws of co-ownership as well as administrative, including transportation law, dominate Michel's practice. He also works in civil and commercial litigation. Michel has pleaded before all civil courts and several administrative tribunals in Quebec; he has been to the Supreme Court of Canada four times, in particular on the Reference regarding Secession of Quebec and twice, as a lawyer of the Quebec Bar, in cases related to litigation privilege and the unauthorized practice of law.
<![CDATA[CORONAVIRUS (COVID-19) SHOULD NOT INTERRUPT CO-OWNERSHIP ACTIVITIES]]> March 17, 2020 — Several syndicates of co-owners are wondering how to react to the coronavirus so that their day-to-day business could continue. Even if the contagion risks impose temporary isolation measures on Quebecers, co-owners should not imagine that time has stood still.

Condominiums must continue to function as adequately as possible, especially financially, in order to ensure their longevity. In this newsletter, Condolegal.com suggests some legal opinions formulated by Michel Paradis, Partner at Therrien Couture Joli-Coeur and me. This will allow you, in this time of crisis, to better understand how the day-to-day affairs of a co-ownership work.

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2020-03-17T15:22:00+0000 2020-03-29T17:22:34+0000 http://en.condolegal.com/syndicate/chronicles/yves-joli-coeur/2759-covid-co-ownership-activities March 17, 2020 — Several syndicates of co-owners are wondering how to react to the coronavirus so that their day-to-day business could continue. Even if the contagion risks impose temporary isolation measures on Quebecers, co-owners should not imagine that time has stood still. Condominiums must continue to function as adequately as possible, especially financially, in order to ensure their longevity. In this newsletter, Condolegal.com suggests some legal opinions formulated by Michel Paradis, Partner at Therrien Couture Joli-Coeur and me. This will allow you, in this time of crisis, to better understand how the day-to-day affairs of a co-ownership work.
<![CDATA[Description of private portions]]> Need assistance in establishing the reference unit for your condominium? Therrien Couture Joli-Coeur offers you tailor-made packages for you.


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2020-03-16T19:09:00+0000 2020-03-25T19:06:02+0000 http://en.condolegal.com/condolegal/offer-of-services/2758-description-private-portions Need assistance in establishing the reference unit for your condominium? Therrien Couture Joli-Coeur offers you tailor-made packages for you.
<![CDATA[A SURVEY ON THE CORONAVIRUS CONCERNED]]> March 15, 2020 - A recent online survey posted on Condolegal.com about the coronavirus (COVID-19) reveals that several Quebec condominiums have not taken any measures to prevent its spread. According to responses, up to now, approximately 80% of respondents confirm this reality.

It would be wise for condominium directors to take certain actions to counter the virus, such as clean door handles regularly in common areas, as well as elevator buttons.

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2020-03-15T18:21:00+0000 2020-03-26T12:34:57+0000 http://en.condolegal.com/syndicate/news/2756-survey-coronavirus March 15, 2020 - A recent online survey posted on Condolegal.com about the coronavirus (COVID-19) reveals that several Quebec condominiums have not taken any measures to prevent its spread. According to responses, up to now, approximately 80% of respondents confirm this reality. It would be wise for condominium directors to take certain actions to counter the virus, such as clean door handles regularly in common areas, as well as elevator buttons.
<![CDATA[Richard LECOUFFE]]>

Richard LeCouffe has been a lawyer since 1976. He is a graduate from the Université de Montréal, from which institution he received his law degree (LL.L.) in 1974.

During his career, although Me LeCouffe was mostly involved in labour and employment law affairs and negotiating labour collective agreements, he also had the opportunity to become very familiar with condominium law. Among other things, he has contributed in the writing of many articles, books, conferences, memoirs and legal procedures on the latter subject.

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2020-02-20T19:57:00+0000 2020-03-15T20:14:19+0000 http://en.condolegal.com/condolegal/chroniclers/827-richard-lecouffe Richard LeCouffe has been a lawyer since 1976. He is a graduate from the Université de Montréal, from which institution he received his law degree (LL.L.) in 1974. During his career, although Me LeCouffe was mostly involved in labour and employment law affairs and negotiating labour collective agreements, he also had the opportunity to become very familiar with condominium law. Among other things, he has contributed in the writing of many articles, books, conferences, memoirs and legal procedures on the latter subject.
<![CDATA[BILL 16: FOR A BETTER PROTECTION OF CO-OWNERS]]> January 11, 2019 - Bill 16 was officially adopted on January 10, 2020. Several of the measures it contains have come into force, but others will come into force at a later date, such as the mandatory introduction of a contingency fund survey and a maintenance logbook.

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2020-01-11T20:11:00+0000 2020-01-17T19:42:28+0000 http://en.condolegal.com/purchase/news/2728-bill-16_-for-a-better-protection-of-co-owners January 11, 2019 - Bill 16 was officially adopted on January 10, 2020. Several of the measures it contains have come into force, but others will come into force at a later date, such as the mandatory introduction of a contingency fund survey and a maintenance logbook.
<![CDATA[Co-ownership insurers decreased from eleven to six in Quebec]]> January 2, 2020 - Just 10 years ago, Quebec co-ownerships could count on 11 insurers. Since then, there are only 6. Of these, only two or three cover buildings worth between 20 and 50 million dollars.

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2020-01-02T15:18:00+0000 2020-01-05T22:06:00+0000 http://en.condolegal.com/insurance/news/2726-co-ownership-insurers-decreased-from-eleven-to-six-in-quebec January 2, 2020 - Just 10 years ago, Quebec co-ownerships could count on 11 insurers. Since then, there are only 6. Of these, only two or three cover buildings worth between 20 and 50 million dollars.
<![CDATA[A developer ordered to pay damages for obstruction and intimidation tactics]]> December 19, 2019 - A developer has been ordered to pay damages by the Superior Court of Quebec because he sought to have a law firm declared "incapable" of representing two syndicates. Judge Marie-Anne Paquette, who heard the case, ruled that the developer had used an "intimidation and obstruction of justice tactic".

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2019-12-19T20:03:00+0000 2019-12-28T16:46:42+0000 http://en.condolegal.com/your-rights/news/2720-a-developer-ordered-to-pay-damages-for-obstruction-and-intimidation-tactics December 19, 2019 - A developer has been ordered to pay damages by the Superior Court of Quebec because he sought to have a law firm declared "incapable" of representing two syndicates. Judge Marie-Anne Paquette, who heard the case, ruled that the developer had used an "intimidation and obstruction of justice tactic".
<![CDATA[Co-ownership and lessees : difficult to prohibit medical marijuana]]> November 25, 2019 - The problems associated with the use of medical marijuana (in co-ownerships) remain unresolved, as individual and collective rights often clash on this issue. As Yves Joli-Coeur, lawyer emeritus and Secretary General of the RGCQ, reported to RDI (this morning), judgments in this matter are made on a "case-by-case" basis.

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2019-11-25T20:58:00+0000 2019-11-27T15:29:28+0000 http://en.condolegal.com/your-rights/news/2704-co-ownership-and-lessees-_-difficult-to-prohibit-medical-marijuana November 25, 2019 - The problems associated with the use of medical marijuana (in co-ownerships) remain unresolved, as individual and collective rights often clash on this issue. As Yves Joli-Coeur, lawyer emeritus and Secretary General of the RGCQ, reported to RDI (this morning), judgments in this matter are made on a "case-by-case" basis.
<![CDATA[The spectrum of legal mortgages and unprotected deposits]]> November 22, 2019 - A major real estate developer is experiencing financial difficulties these days, therefore many of his co-ownership projects may remain unfinished, and also be burdened by legal hypothecs of construction. In addition, deposits paid by buyers may be lost if they have not yet been paid to the notary.

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2019-11-22T13:55:00+0000 2019-11-30T22:03:33+0000 http://en.condolegal.com/purchase/news/2703-the-spectrum-of-legal-mortgages-and-unprotected-deposits November 22, 2019 - A major real estate developer is experiencing financial difficulties these days, therefore many of his co-ownership projects may remain unfinished, and also be burdened by legal hypothecs of construction. In addition, deposits paid by buyers may be lost if they have not yet been paid to the notary.
<![CDATA[Submit your testimonial ]]> 238-achat-condo

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.

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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 2020-01-25T14:52:00+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 2020-03-11T19:24:57+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 2020-03-13T17:56:51+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 2020-03-21T19:27:18+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.