RSS condolegal 2018-02-17T23:24:35+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Co-ownership legislative reform: Lise Thériault inherited a sensitive issue ]]> January 29, 2018 - After promising seemingly forever co-ownership legislative reform , Québec Minister of Justice, Stéphanie Vallée, passed the buck to her colleague Lise Thériault, Minister responsible for “l’habitation et la protection des consommateurs”( Housing and Consumer Protection) and this spring she wants to introduce a bill on a this pressing issue.

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2018-01-29T16:32:00+0000 2018-02-06T23:57:52+0000 http://en.condolegal.com/management/news/2352-co-ownership-legislative-reform-Lise-Thériault-inherited-a-sensitive-issue January 29, 2018 - After promising seemingly forever co-ownership legislative reform , Québec Minister of Justice, Stéphanie Vallée, passed the buck to her colleague Lise Thériault, Minister responsible for “l’habitation et la protection des consommateurs”( Housing and Consumer Protection) and this spring she wants to introduce a bill on a this pressing issue.
<![CDATA[Real estate transactions service and assistance enterprises: 183 call for help in 2017]]>

January 17, 2018 - The notion of real estate brokerage should be better defined, to avoid confusion regarding the protection of the public. This is what Nadine Lindsay, President and Chief Executive Officer of “l’Organisme d’autoréglementation du courtage immobilier” (Real Estate Regulatory Organization-OACIQ), believes.

Nadine Lindsay recently took position on this issue at the occasion of Bill 141 tabled in September 2017, by means of a brief presented to the National Assembly. It includes four recommendations to "better protect the public" during a real estate and hypothecary transaction.

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2018-01-19T03:55:00+0000 2018-01-20T01:32:40+0000 http://en.condolegal.com/purchase/news/2344-real-estate-transactions-service-and-assistance-enterprises: January 17, 2018 - The notion of real estate brokerage should be better defined, to avoid confusion regarding the protection of the public. This is what Nadine Lindsay, President and Chief Executive Officer of “l’Organisme d’autoréglementation du courtage immobilier” (Real Estate Regulatory Organization-OACIQ), believes. Nadine Lindsay recently took position on this issue at the occasion of Bill 141 tabled in September 2017, by means of a brief presented to the National Assembly. It includes four recommendations to "better protect the public" during a real estate and hypothecary transaction.
<![CDATA[Hiring co-ownership staff]]>

A syndicate of co-owners can sometimes evolve into a small and medium size enterprise, an SME. Even more so if it assigns personnel to the various common portions maintenance chores of the immovable.

Yet, people hired by a syndicate have rights. In fact, their prerogatives are the same as those in force in the labor market. It is better to be aware of them and to understand the consequences.

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2018-01-17T20:05:00+0000 2018-01-23T12:10:36+0000 http://en.condolegal.com/management/factsheets/2342-hiring-co-ownership-staff A syndicate of co-owners can sometimes evolve into a small and medium size enterprise, an SME. Even more so if it assigns personnel to the various common portions maintenance chores of the immovable. Yet, people hired by a syndicate have rights. In fact, their prerogatives are the same as those in force in the labor market. It is better to be aware of them and to understand the consequences.
<![CDATA[Yves Joli-Coeur talks about cannabis in co-ownerships on Radio-Canada]]>

January 12, 2018 - Smoking pot in one’s condo may disturb several co‑owners, if cannabis second-hand smoke migrates from your apartment to another. Lawyer emeritus and RGCQ's general secretary, Yves Joli-Coeur, foresees several difficult situations to manage in condos, when recreational purposes marijuana is officially legalized in the country.

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2018-01-13T03:19:00+0000 2018-01-26T17:07:05+0000 http://en.condolegal.com/management/news/2341-Yves-Joli-Coeur-talks-about-cannabis-in-co-ownerships-on-Radio-Canada January 12, 2018 - Smoking pot in one’s condo may disturb several co‑owners, if cannabis second-hand smoke migrates from your apartment to another. Lawyer emeritus and RGCQ's general secretary, Yves Joli-Coeur, foresees several difficult situations to manage in condos, when recreational purposes marijuana is officially legalized in the country.
<![CDATA[Free legal consultations - Pavilion Condo 2018]]> 29-copropriete-administrateurFrom February 8 to February 11, 2018│Reserve your place right now │

Once again this year, Condolegal.com offers 15 minutes free legal consultations to visitors of Pavilion Condo as part of ExpoHabitation 2018 to be held at the Olympic stadium from February 8 to February 11, 2018.

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2018-01-09T10:00:00+0000 2018-02-05T22:03:08+0000 http://en.condolegal.com/condolegal/events/1771-pavilion-condo-2018-and-free-legal-consultations From February 8 to February 11, 2018│Reserve your place right now │ Once again this year, Condolegal.com offers 15 minutes free legal consultations to visitors of Pavilion Condo as part of ExpoHabitation 2018 to be held at the Olympic stadium from February 8 to February 11, 2018.
<![CDATA[Satellite dish on a balcony]]>

A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it.

Question: What should the board do in this situation?

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2017-12-28T10:59:00+0000 2017-12-28T12:11:38+0000 http://en.condolegal.com/your-rights/questions-answers/2338-satellite-dish-balcony A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it. Question: What should the board do in this situation?
<![CDATA[Additional insurance premium: can we blame the offending co-owner?]]> A co-owner recently caused a water damage in our building. This resulted in a additional insurance premium for the syndicate's insurance. Question: Can the board of directors claim the total amount from the co-owner at the origin of the incident?

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2017-12-27T23:45:00+0000 2017-12-29T01:44:46+0000 http://en.condolegal.com/insurance/questions-answers/2337-Additional-insurance-premium-liability A co-owner recently caused a water damage in our building. This resulted in a additional insurance premium for the syndicate's insurance. Question: Can the board of directors claim the total amount from the co-owner at the origin of the incident?
<![CDATA[Co-owner's work : upon common portions for restricted use]]> A co-owner has carried out by himself work on his terrace (common portion for restricted use). Since then, the roof leaks.

Question : Who must pay to repair the damage?

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2017-12-27T12:50:00+0000 2018-01-11T10:29:41+0000 http://en.condolegal.com/work/questions-answers/2336-coowner-work-common-portions-restricted-use A co-owner has carried out by himself work on his terrace (common portion for restricted use). Since then, the roof leaks. Question : Who must pay to repair the damage?
<![CDATA[The statement of financial position of the condominium]]>

The statement of financial position, also known as the balance sheet, lists the assets, liabilities and net assets of the co-ownership syndicate at a specific time. It is a picture of the financial situation at a given date compared to other statements that usually cover a full fiscal year.

The statement of financial position shows assets on one hand and liabilities and net assets on the other. Assets are always equal to liabilities plus net assets. Everyone knows the famous quote "nothing is lost, nothing is created, everything is transformed". This principle is reflected in accounting. The statement of financial position is always balanced since the asset is financed either by the creditors (liabilities) or by the co-owners (the net assets).

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2017-12-20T09:33:00+0000 2017-12-23T13:41:46+0000 http://en.condolegal.com/management/chronicles/aline-desormeaux/2335-statement-financial-condominium The statement of financial position, also known as the balance sheet, lists the assets, liabilities and net assets of the co-ownership syndicate at a specific time. It is a picture of the financial situation at a given date compared to other statements that usually cover a full fiscal year. The statement of financial position shows assets on one hand and liabilities and net assets on the other. Assets are always equal to liabilities plus net assets. Everyone knows the famous quote "nothing is lost, nothing is created, everything is transformed". This principle is reflected in accounting. The statement of financial position is always balanced since the asset is financed either by the creditors (liabilities) or by the co-owners (the net assets).
<![CDATA[Composition of the board of directors]]>

The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as the other terms and conditions of their office, are fixed by the by-laws of an immovable.

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2017-12-19T10:10:00+0000 2018-01-02T11:28:07+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2333-board-of-directors-composition The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as the other terms and conditions of their office, are fixed by the by-laws of an immovable.
<![CDATA[Ontario: compulsory license for co-ownership managers]]> December 9, 2017 - Ontario's recently introduced Protecting Co-Owners Act, 2015 provides, inter alia, mandatory training for co-ownership managers. As of January 30, 2018, they will be required to hold a license in good standing issued by CMRAO (the Condominium Management Regulatory Authority of Ontario), otherwise they will no longer be able to offer their services to the syndicates of co-owners.

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2017-12-09T18:22:00+0000 2018-01-30T20:28:52+0000 http://en.condolegal.com/management/news/2328-ontario-compulsory-license-co-ownership-managers December 9, 2017 - Ontario's recently introduced Protecting Co-Owners Act, 2015 provides, inter alia, mandatory training for co-ownership managers. As of January 30, 2018, they will be required to hold a license in good standing issued by CMRAO (the Condominium Management Regulatory Authority of Ontario), otherwise they will no longer be able to offer their services to the syndicates of co-owners.
<![CDATA[Minutes of the meetings of the board of directors ]]>

The decisions made by the directors must be noted and recorded in the minutes. These are is an essential co-ownership document, because it ensures the written preservation of the board of directors’ deliberations, and of the results of each vote, so that any co-owner and director can refer to them over time. It also allows to verify if the meeting of the Board of Directors was conducted within the rules. Given its importance, this document must respect a certain form.

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2017-12-06T09:41:00+0000 2018-01-12T04:30:16+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2325-minutes-meetings-board-of-directors The decisions made by the directors must be noted and recorded in the minutes. These are is an essential co-ownership document, because it ensures the written preservation of the board of directors’ deliberations, and of the results of each vote, so that any co-owner and director can refer to them over time. It also allows to verify if the meeting of the Board of Directors was conducted within the rules. Given its importance, this document must respect a certain form.
<![CDATA[A destitution general meeting should not be convened indiscriminately!]]> November 28, 2017 - The possible destitution of a director or of the entire Board of directors is often brought up when co-owners become dissatisfied with one of their decisions , when a faction intends to "take control" of a syndicate of co-owners and when expensive work is undertaken . This is a serious matter, both in small and large co-ownerships.

When and how to convene such a meeting?

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2017-11-28T18:48:00+0000 2018-01-29T07:41:23+0000 http://en.condolegal.com/syndicate/chronicles/ghislain-raymond/2322-destitution-general-meeting November 28, 2017 - The possible destitution of a director or of the entire Board of directors is often brought up when co-owners become dissatisfied with one of their decisions , when a faction intends to "take control" of a syndicate of co-owners and when expensive work is undertaken . This is a serious matter, both in small and large co-ownerships. When and how to convene such a meeting?
<![CDATA[Volunteer construction Work ]]>

November 23, 2017 - Certain type of construction work carried out by volunteers will henceforth be allowed in Quebec under a new regulation supported by small and midsize enterprises. (SME). However, construction industry trade unions see it as a moonlighting opportunity.

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2017-11-23T20:10:00+0000 2017-12-15T11:40:35+0000 http://en.condolegal.com/work/news/2321-condominium-volunteer-construction-work November 23, 2017 - Certain type of construction work carried out by volunteers will henceforth be allowed in Quebec under a new regulation supported by small and midsize enterprises. (SME). However, construction industry trade unions see it as a moonlighting opportunity.
<![CDATA[Proportional Rule: What is it?]]> Question: We suffered water damage. Three apartments, including mine, were affected by a broken hot water tank. The co-ownership’s insurer refuses to compensate us completely, claiming that our syndicate has paid too low a premium compared to the true risk insured. Is he right?

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2017-11-21T09:24:00+0000 2017-12-16T12:30:55+0000 http://en.condolegal.com/insurance/questions-answers/2320-proportional-rule-what-is-it Question: We suffered water damage. Three apartments, including mine, were affected by a broken hot water tank. The co-ownership’s insurer refuses to compensate us completely, claiming that our syndicate has paid too low a premium compared to the true risk insured. Is he right?
<![CDATA[Co-insurance clause- What is it ?]]>

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

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2017-11-19T17:39:00+0000 2017-12-04T11:51:07+0000 http://en.condolegal.com/insurance/questions-answers/2319-co-insurance-clause-what-is-it Question: I just received the renewal of our syndicate of co-owners’ insurance policy. However, it includes a 90%. co-insurance clause. What is it about ?
<![CDATA[Quorum for holding a meeting of the board of directors]]> In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum.

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2017-11-15T11:42:00+0000 2017-12-27T22:29:28+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2317-qorum-meting-board-directors In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum.
<![CDATA[Agenda of the meeting of the board of directors]]>

A meeting of the board of directors can hardly take place without an agenda. In order to deliberate, the directors must be made aware, before the meeting, of the questions on the agenda. This is why it must be attached to the notice of meeting, usually prepared by the president of the board of directors. It contains all the questions that will be submitted to the deliberations of the meeting. This document must be specific and unequivocal in order to ensure the smooth conduct of the meeting.

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2017-11-13T12:36:00+0000 2018-01-11T02:40:50+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/2316-agenda-meeting-board-of-directors A meeting of the board of directors can hardly take place without an agenda. In order to deliberate, the directors must be made aware, before the meeting, of the questions on the agenda. This is why it must be attached to the notice of meeting, usually prepared by the president of the board of directors. It contains all the questions that will be submitted to the deliberations of the meeting. This document must be specific and unequivocal in order to ensure the smooth conduct of the meeting.
<![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 2017-12-12T20:09:32+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.