RSS condolegal 2019-02-17T22:15:19+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Chaos in condominium insurance]]> January 22, 2019 - Confusion reigns in Quebec co-ownership insurance. This state of affairs has been summarized by journalist Stéphanie Grammond, of the daily La Presse, in a recent article on with Bill 141’s adoption. Its new provisions have created" chaos in condo insurance" because its interpretation does not always reflect reality.

The current problem is daunting, as insurers, adjusters and also property and casualty insurance brokers have diverging views regarding 141’s specific content, so that syndicates of co-owners' and co-owners themselves end up being victimised.

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2019-01-23T01:48:00+0000 2019-01-25T21:49:47+0000 http://en.condolegal.com/insurance/news/2536-chaos-in-condominium-insurance January 22, 2019 - Confusion reigns in Quebec co-ownership insurance. This state of affairs has been summarized by journalist Stéphanie Grammond, of the daily La Presse, in a recent article on with Bill 141’s adoption. Its new provisions have created" chaos in condo insurance" because its interpretation does not always reflect reality. The current problem is daunting, as insurers, adjusters and also property and casualty insurance brokers have diverging views regarding 141’s specific content, so that syndicates of co-owners' and co-owners themselves end up being victimised.
<![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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2019-01-20T15:31:00+0000 2019-01-26T22:03:01+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[$ 15,000 award to a co-owner victim of noise]]>

January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division.

This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.

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2019-01-14T21:13:00+0000 2019-01-20T15:43:15+0000 http://en.condolegal.com/your-rights/news/2534-$ 15,000-award-to-a-co-owner-victim-of-noise January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division. This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.
<![CDATA[Contract of employment (termination)]]>

The qualification of the contractual relationship between the syndicate and the condo manager is of paramount importance since the rules of termination are not the same, whether it is a contract for services or a contract of employment. In most cases, a person working on a regular basis for the co-ownership is deemed to be an employee governed by a "contract of employment", and not an independent contractor. Article 2085 of the Civil Code of Québec defines the "contract of employment" as a contract, verbal or written, by which a person, the employee, undertakes, for a limited time and for remuneration, to do work under the direction or control of another person, the employer.

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2019-01-09T12:39:00+0000 2019-01-16T17:04:31+0000 http://en.condolegal.com/management/factsheets/under-sheets/2529-contract-of-employment-termination The qualification of the contractual relationship between the syndicate and the condo manager is of paramount importance since the rules of termination are not the same, whether it is a contract for services or a contract of employment. In most cases, a person working on a regular basis for the co-ownership is deemed to be an employee governed by a "contract of employment", and not an independent contractor. Article 2085 of the Civil Code of Québec defines the "contract of employment" as a contract, verbal or written, by which a person, the employee, undertakes, for a limited time and for remuneration, to do work under the direction or control of another person, the employer.
<![CDATA[Contract for services (termination) ]]>

The manager bound to a syndicate by a contract for services does not have the same relationship with his client as the one who has the status of a salaried employee. That being said, regardless of the nature of the relationship between the parties, it is advisable to specify the contract’s terms and conditions, including its obligations and its possible renewal. This will prevent misunderstandings and possible litigation.

Terminating the contractual relationship between the manager and the syndicate of co-owners requires, at all times, an evaluation of the legal and contractual parameters. A review of the various scenarios illustrating the expiration or resiliation of a contract for services.

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2019-01-06T18:31:00+0000 2019-01-23T22:45:21+0000 http://en.condolegal.com/management/factsheets/under-sheets/2526-Contract-for-services-termination The manager bound to a syndicate by a contract for services does not have the same relationship with his client as the one who has the status of a salaried employee. That being said, regardless of the nature of the relationship between the parties, it is advisable to specify the contract’s terms and conditions, including its obligations and its possible renewal. This will prevent misunderstandings and possible litigation. Terminating the contractual relationship between the manager and the syndicate of co-owners requires, at all times, an evaluation of the legal and contractual parameters. A review of the various scenarios illustrating the expiration or resiliation of a contract for services.
<![CDATA[Ethics and code of conduct]]> The manager usually plays a key role in a co-ownership. Similarly to the board of directors, his duty is to preserve the immovable of which he is responsible. His appointment eases the director’s tasks, without the manager being substituted in their function. The board members will thus be better able to exercise their decision-making powers. That being said, managing a co-ownership is not always an easy task. It is in the best interest of directors to ensure that the manager assumes his mission with dignity, loyalty, diligence and honesty. To this end, the board of directors would be well advised to implement a code of conduct in which professional ethics are addressed, namely, without limitation, compliance with laws and regulations, transparency, confidentiality, conflicts of interest and, of course, discipline.

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2018-12-24T16:49:00+0000 2019-02-02T15:49:02+0000 http://en.condolegal.com/management/factsheets/under-sheets/2524-ethics-code-of-conduct The manager usually plays a key role in a co-ownership. Similarly to the board of directors, his duty is to preserve the immovable of which he is responsible. His appointment eases the director’s tasks, without the manager being substituted in their function. The board members will thus be better able to exercise their decision-making powers. That being said, managing a co-ownership is not always an easy task. It is in the best interest of directors to ensure that the manager assumes his mission with dignity, loyalty, diligence and honesty. To this end, the board of directors would be well advised to implement a code of conduct in which professional ethics are addressed, namely, without limitation, compliance with laws and regulations, transparency, confidentiality, conflicts of interest and, of course, discipline.
<![CDATA[Bill 141: its implementation predicated upon regulations]]> September 9, 2018 - The Ministère des finances is embarking on an important milestone in the implementation of Bill 141, which introduces several legislative amendments to co-ownership insurance. In fact, to be really in force, it will require the adoption of several regulations. This will allow better defining its impact, by the means of a broad consultation that has recently been launched.

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2018-09-09T04:44:00+0000 2018-09-18T22:52:57+0000 http://en.condolegal.com/insurance/news/2470-Bill-141-implementation-regulations September 9, 2018 - The Ministère des finances is embarking on an important milestone in the implementation of Bill 141, which introduces several legislative amendments to co-ownership insurance. In fact, to be really in force, it will require the adoption of several regulations. This will allow better defining its impact, by the means of a broad consultation that has recently been launched.
<![CDATA[PAVILLON CONDO IN MONTREAL HOME EXPO]]> Montreal Home Expo will open its doors from February 7th to February 10th. As usual Pavillon condo will also welcome up to 105 000 visitors. Like every year we will offer free legal consultations and several lectures about co-ownership will be offered by our partner, the RGCQ.

Take your pick amongst dozens of companies specialized in condominiums to help you plan repair or construction works, or simply to improve services for your homeowners association. More than 600 exhibitors will be there to answer your every need.

To know more about Montreal Home Expo, visit their website and to know more about the lectures visit the RGCQ website.

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2018-08-03T15:47:00+0000 2019-01-09T15:29:58+0000 http://en.condolegal.com/condolegal/events/2461-PAVILLON-CONDO-IN-MONTREAL-HOME-EXPO Montreal Home Expo will open its doors from February 7th to February 10th. As usual Pavillon condo will also welcome up to 105 000 visitors. Like every year we will offer free legal consultations and several lectures about co-ownership will be offered by our partner, the RGCQ. Take your pick amongst dozens of companies specialized in condominiums to help you plan repair or construction works, or simply to improve services for your homeowners association. More than 600 exhibitors will be there to answer your every need. To know more about Montreal Home Expo, visit their website and to know more about the lectures visit the RGCQ website.
<![CDATA[Condo corporations rushing to prohibit pot smoking before legalization ]]> July 25, 2018 - The cannabis prohibition in co-ownerships is presently a hot topic. Lawyer Maxime St-Onge, from de Grandpré Joli-Cœur, gave an overview thereof this morning on Global News.

While several Canadian co-owners syndicates are racing against the clock to ban pot in their immovable, the young lawyer confirms that Montreal is no exception as cannabis decriminalization will officially come into effect on October 7th.

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2018-07-25T19:45:00+0000 2018-08-22T16:39:46+0000 http://en.condolegal.com/syndicate/news/2445-condo-corporations-rushing-prohibit-pot-smoking-before-legalization July 25, 2018 - The cannabis prohibition in co-ownerships is presently a hot topic. Lawyer Maxime St-Onge, from de Grandpré Joli-Cœur, gave an overview thereof this morning on Global News. While several Canadian co-owners syndicates are racing against the clock to ban pot in their immovable, the young lawyer confirms that Montreal is no exception as cannabis decriminalization will officially come into effect on October 7th.
<![CDATA[OACIQ introduces a mandatory form for condo transactions]]> July 4, 2018 - Condo buyers dealing with a real estate broker now have at their disposal a new tool to better protect their transaction. The coming into force of the mandatory form Declarations of the seller upon the immovable - Divided co-ownership, on July 1, 2018, will allow purchasers to obtain crucial information to govern them during their purchase.

Prepared by “l’Organisme d’autorèglementation du courtage immobilier du Québec [the Quebec organization for the self-regulation of real estate brokerage (OACIQ)]," it allows the seller to declare the current state of his property", to protect him from a possible recourse. As for the buyer, this document provides the necessary details so that he can "make an informed decision," states OACIQ.

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2018-07-04T15:23:00+0000 2018-09-16T09:41:50+0000 http://en.condolegal.com/purchase/news/2438-oaciq-introduces-a-mandatory-form-for-condo-transactions July 4, 2018 - Condo buyers dealing with a real estate broker now have at their disposal a new tool to better protect their transaction. The coming into force of the mandatory form Declarations of the seller upon the immovable - Divided co-ownership, on July 1, 2018, will allow purchasers to obtain crucial information to govern them during their purchase. Prepared by “l’Organisme d’autorèglementation du courtage immobilier du Québec [the Quebec organization for the self-regulation of real estate brokerage (OACIQ)]," it allows the seller to declare the current state of his property", to protect him from a possible recourse. As for the buyer, this document provides the necessary details so that he can "make an informed decision," states OACIQ.
<![CDATA[Can common portions be sold? ]]> arbres.quebecQuestion: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if that is possible? If this is the case, I would like to know who has the authority to make this decision.

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2018-07-02T07:08:00+0000 2018-08-24T18:00:23+0000 http://en.condolegal.com/syndicate/questions-answers/2437-can-common-portions-be-sold?- Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if that is possible? If this is the case, I would like to know who has the authority to make this decision.
<![CDATA[Parking : common portions ]]>

Despite increased congestion and gridlock in major urban centers, many co-owners still favor the automobile as their means of transportation. The densification of cities accentuates chronic congestion, which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs, since it is generally forbidden to park (at night) in the winter time. Access to parking is therefore an important issue for many co-owners and buyers.

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2018-06-19T23:56:00+0000 2018-06-29T18:36:13+0000 http://en.condolegal.com/management/factsheets/under-sheets/2434-parking-_-common-portions- Despite increased congestion and gridlock in major urban centers, many co-owners still favor the automobile as their means of transportation. The densification of cities accentuates chronic congestion, which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs, since it is generally forbidden to park (at night) in the winter time. Access to parking is therefore an important issue for many co-owners and buyers.
<![CDATA[Parking : common portions for restricted use]]> 267-achat-condoMost often than not declarations of co-ownership (Constituting Act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use. This is also true for indoor parkings, when the developer (declarant) decides that it is not necessary to create a specific lot number for each space. These are therefore an integral part of the lot constituting the common portions of the immovable.

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2018-06-04T16:41:00+0000 2018-07-18T13:01:18+0000 http://en.condolegal.com/management/factsheets/under-sheets/2421-parking-_-common-portions-for-restricted-use Most often than not declarations of co-ownership (Constituting Act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use. This is also true for indoor parkings, when the developer (declarant) decides that it is not necessary to create a specific lot number for each space. These are therefore an integral part of the lot constituting the common portions of the immovable.
<![CDATA[Condominium parking : Private portion]]> garages-automatiss

Parking spaces qualified as private portions are commonplace in divided co-ownership. This special legal status is attributed to them by the declaration of co-ownership, which designates them as fractions in the section devoted to the description of the fractions. Like an apartment held in co-ownership, all these spaces have a unique lot number, along with a relative value, and a share. Their owners may, at a general meeting of co-owners, prevail themselves of the votes attached thereto. These votes are added, as the case may be, to those they have for their apartment

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2018-05-30T06:55:00+0000 2018-07-26T07:03:32+0000 http://en.condolegal.com/management/factsheets/under-sheets/2420-condominium-parking-private-portion Parking spaces qualified as private portions are commonplace in divided co-ownership. This special legal status is attributed to them by the declaration of co-ownership, which designates them as fractions in the section devoted to the description of the fractions. Like an apartment held in co-ownership, all these spaces have a unique lot number, along with a relative value, and a share. Their owners may, at a general meeting of co-owners, prevail themselves of the votes attached thereto. These votes are added, as the case may be, to those they have for their apartment
<![CDATA[Religious accommodations and co-ownership: a new reality]]> May 25, 2018 - Syndicates of co-owners must deal with a new phenomenon: religious symbols. This issue must be treated with utmost caution, more particularly where a by-law prohibits public signs in a co-ownership.

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2018-05-25T17:38:00+0000 2018-06-04T20:58:47+0000 http://en.condolegal.com/syndicate/news/2417-religious-accommodations-and-co-ownership May 25, 2018 - Syndicates of co-owners must deal with a new phenomenon: religious symbols. This issue must be treated with utmost caution, more particularly where a by-law prohibits public signs in a co-ownership.
<![CDATA[Is the government doing enough for Quebec co-owners?]]> May 23, 2018 – An omnibus reform bill being in preparation, Condolegal.com invites the general public and its regulars Internet users to participate to a survey, in answering a simple question: Do you consider that the Quebec government is doing enough to protect co-owners rights? All you have to do is answer: yes or no.

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2018-05-23T20:39:00+0000 2018-05-25T09:34:08+0000 http://en.condolegal.com/syndicate/news/2413-government-doing-enough-for-Quebec-co-owners-yes-no May 23, 2018 – An omnibus reform bill being in preparation, Condolegal.com invites the general public and its regulars Internet users to participate to a survey, in answering a simple question: Do you consider that the Quebec government is doing enough to protect co-owners rights? All you have to do is answer: yes or no.
<![CDATA[Chronicle on adopting by-laws prohibiting the use and the culture of cannabis in your condo: what majority is needed?]]>

Whereas the federal government is preparing the legalization of marijuana for recreational purposes, several syndicates of co-ownership are concerned of the impact this decision will have on their immovable. Therefore, it would be advisable that they ban growing and smoking cannabis. Even more so that presently many people consider, for various reasons, that this substance must be prohibited and that they should seize the opportunity to do so now. After the adoption of Bill C-45, such an exercise may be more difficult.

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2018-05-04T17:55:00+0000 2018-11-19T15:46:12+0000 http://en.condolegal.com/condolegal/chronicles/marie-cecile-bodeues/2406-adopting-by-laws-prohibiting-use-culture-of-cannabis-in-your-condo-what-majority-is-needed Whereas the federal government is preparing the legalization of marijuana for recreational purposes, several syndicates of co-ownership are concerned of the impact this decision will have on their immovable. Therefore, it would be advisable that they ban growing and smoking cannabis. Even more so that presently many people consider, for various reasons, that this substance must be prohibited and that they should seize the opportunity to do so now. After the adoption of Bill C-45, such an exercise may be more difficult.
<![CDATA[Home Grown pot: Jean-Marc Fournier can rely on the Senate]]>

May 2, 2018 - Growing cannabis at home is a source of controversy in Quebec, as it intends to ban it on its territory. Even dough under Bill C-45 Ottawa seems determined to allow this practice in all provinces, it will find two provinces on its path: Quebec and Manitoba.

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2018-05-02T16:08:00+0000 2018-05-08T11:36:06+0000 http://en.condolegal.com/syndicate/news/2405-home-grown-pot-jeanmarc-fournier-can-rely-on-the-senate May 2, 2018 - Growing cannabis at home is a source of controversy in Quebec, as it intends to ban it on its territory. Even dough under Bill C-45 Ottawa seems determined to allow this practice in all provinces, it will find two provinces on its path: Quebec and Manitoba.
<![CDATA[Quebec, a fertile ground for single homeowners ]]> April 4, 2018 - Homeowners living alone in Canada are increasing in number. And Quebec is well ahead in this regard. Statistics Canada indicates that, in 2016, Quebec had the highest proportion of single person private households (33.3%).

If one adds the numerous single-parent families to this equation, the critical mass of individuals living alone and prospective property buyers should increase dramatically. For the time being, in 2006 couples accounted for 54.3% of private households in Quebec, and 53.0% in 2016.

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2018-04-03T20:27:00+0000 2018-04-15T10:02:32+0000 http://en.condolegal.com/purchase/news/2389-condo-a-fertile-ground-for-single-homeowners April 4, 2018 - Homeowners living alone in Canada are increasing in number. And Quebec is well ahead in this regard. Statistics Canada indicates that, in 2016, Quebec had the highest proportion of single person private households (33.3%). If one adds the numerous single-parent families to this equation, the critical mass of individuals living alone and prospective property buyers should increase dramatically. For the time being, in 2006 couples accounted for 54.3% of private households in Quebec, and 53.0% in 2016.
<![CDATA[Tobacco and cannabis ban in Hampstead]]>

February 7, 2018 - Smoking in public is no longer allowed in Hampstead. This prohibition will also apply to marijuana once legalized in Canada.

A proposed bylaw on tobacco products and other substances in the territory of Hampstead was adopted early February by City Council. The prohibition extends to parks, streets, sidewalks, municipal buildings and adjacent land. It includes pot.

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2018-03-07T17:05:00+0000 2018-07-25T23:20:21+0000 http://en.condolegal.com/your-rights/news/2381-tobacco-cannabis-ban-in-Hampstead February 7, 2018 - Smoking in public is no longer allowed in Hampstead. This prohibition will also apply to marijuana once legalized in Canada. A proposed bylaw on tobacco products and other substances in the territory of Hampstead was adopted early February by City Council. The prohibition extends to parks, streets, sidewalks, municipal buildings and adjacent land. It includes pot.