RSS condolegal 2020-07-12T22:44:03+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Syndicates that have not produced a reference unit are at great risk ]]> June 28th, 2020 - The law concerning co-ownership insurance has undergone major changes since June 2018. Section 1070 of the Civil Code of Quebec now contains a third paragraph, which provides that the syndicate keeps a sufficiently precise description of the private parts available to the co-owners, for insurance purposes, so that the improvements made by the co-owners are identifiable. The same description may apply to several parties when they have the same characteristics.

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2020-06-28T12:43:00+0000 2020-06-30T05:10:22+0000 http://en.condolegal.com/insurance/news/2465-who-has-to-insure-the-improvements-made-to-a-private-portion? June 28th, 2020 - The law concerning co-ownership insurance has undergone major changes since June 2018. Section 1070 of the Civil Code of Quebec now contains a third paragraph, which provides that the syndicate keeps a sufficiently precise description of the private parts available to the co-owners, for insurance purposes, so that the improvements made by the co-owners are identifiable. The same description may apply to several parties when they have the same characteristics.
<![CDATA[ Email addresses of the co-owners]]> When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In addition, it is indicated that the register contains the email address of all co-owners.

The Board claims privacy justifies this approach to communication.

Question: Am I entitled to require the Board of directors to provide me with the email address of the co-owners?

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2020-06-12T13:15:00+0000 2020-06-15T20:41:23+0000 http://en.condolegal.com/syndicate/questions-answers/2850- email-addresses-of-the-co-owners When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In addition, it is indicated that the register contains the email address of all co-owners. The Board claims privacy justifies this approach to communication. Question: Am I entitled to require the Board of directors to provide me with the email address of the co-owners?
<![CDATA[Outdoor swimming pool and COVID-19 ]]> Although according to the National Institute of Public Health of Quebec (INSPQ), the risk of contracting COVID-19 in a swimming pool is very low or non-existent, access to swimming pools remains prohibited until further notice. According to virologist Hugues Loemba, a clinician-researcher at Montfort Hospital in Ottawa, the risk does not come from water, but from "promiscuity between healthy people and those with COVID-19 (asymptomatic or symptomatic)" ».

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2020-05-31T09:38:00+0000 2020-05-31T12:26:50+0000 http://en.condolegal.com/management/news/2842-Outdoor-swimming-pool-and-COVID-19 Although according to the National Institute of Public Health of Quebec (INSPQ), the risk of contracting COVID-19 in a swimming pool is very low or non-existent, access to swimming pools remains prohibited until further notice. According to virologist Hugues Loemba, a clinician-researcher at Montfort Hospital in Ottawa, the risk does not come from water, but from "promiscuity between healthy people and those with COVID-19 (asymptomatic or symptomatic)" ».
<![CDATA[ Courts to reopen soon]]>

On March 13, 2020, all regular activities of the judicial system were put on pause in Québec, including the Superior Court of Québec and the Court of Québec. This decision, taken in the context of the health emergency, was necessary in order to facilitate compliance with the guidelines to counter the COVID-19 pandemic. As a result, thousands of planned trials did not take place and had to be postponed. Since then, courtrooms have been set up to comply with the public health guidelines.

The Quebec Bar has just informed its members that the courts should gradually return to a more intense level of activity, at the beginning of June 2020. Since the middle of March, only urgent cases have been heard, in virtual hearings, but little by little, more cases will be heard, either in virtual hearings or in person, but in accordance with mandatory distancing rules.

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2020-05-23T07:00:00+0000 2020-05-23T14:05:57+0000 http://en.condolegal.com/your-rights/news/2839-courts-to-reopen-soon On March 13, 2020, all regular activities of the judicial system were put on pause in Québec, including the Superior Court of Québec and the Court of Québec. This decision, taken in the context of the health emergency, was necessary in order to facilitate compliance with the guidelines to counter the COVID-19 pandemic. As a result, thousands of planned trials did not take place and had to be postponed. Since then, courtrooms have been set up to comply with the public health guidelines. The Quebec Bar has just informed its members that the courts should gradually return to a more intense level of activity, at the beginning of June 2020. Since the middle of March, only urgent cases have been heard, in virtual hearings, but little by little, more cases will be heard, either in virtual hearings or in person, but in accordance with mandatory distancing rules.
<![CDATA[General meeting of virtual co-owners will be permitted]]>

April 27, 2020 - Virtual general meetings of co-owners are permitted until further notice, due to the coronavirus crisis (COVID-19). The Minister of Health and Social Services, Danielle McCann, has just announced this by ministerial order. This authorization will calm concerns expressed by several syndicates of co-owners, who see their operations paralyzed, because only in-person meetings of co-owners are permitted by the Civil Code of Quebec.

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2020-04-27T16:10:00+0000 2020-05-02T23:31:31+0000 http://en.condolegal.com/syndicate/news/2796-general-meeting-of-virtual-co-owners-will-be-permitted April 27, 2020 - Virtual general meetings of co-owners are permitted until further notice, due to the coronavirus crisis (COVID-19). The Minister of Health and Social Services, Danielle McCann, has just announced this by ministerial order. This authorization will calm concerns expressed by several syndicates of co-owners, who see their operations paralyzed, because only in-person meetings of co-owners are permitted by the Civil Code of Quebec.
<![CDATA[Minutes of the General Meeting]]>

Decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the general meeting, as well as the result of each vote so that any co-owner and director can refer to it in due course. It also allows to ascertain that the general meeting was conducted in accordance with the rules. Given its importance, this document must respect a certain formalism.

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2020-04-26T09:00:00+0000 2020-04-27T05:56:13+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/1139-minutes-general-meeting Decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the general meeting, as well as the result of each vote so that any co-owner and director can refer to it in due course. It also allows to ascertain that the general meeting was conducted in accordance with the rules. Given its importance, this document must respect a certain formalism.
<![CDATA[Radio-Canada: Co-ownership shaken up by COVID-19]]>

April 19, 2020 - Condolegal.com and Regroupement des gestionnaires et copropriétaires du Québec (RGCQ - Quebec Group of Managers and Co-owners) have received hundreds of questions over the past few weeks about the impact of COVID-19 on condominiums. They range from maintenance measures to traffic in the building, even police intervention. It is in this special context that the RGCQ's general secretary, lawyer emeritus Yves Joli-Coeur, gave an interview to Radio-Canada journalist Mathieu Dion.

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2020-04-19T13:55:00+0000 2020-04-19T16:24:54+0000 http://en.condolegal.com/syndicate/news/2793-Radio-Canada-Co-ownership-shaken-up-by-COVID-19 April 19, 2020 - Condolegal.com and Regroupement des gestionnaires et copropriétaires du Québec (RGCQ - Quebec Group of Managers and Co-owners) have received hundreds of questions over the past few weeks about the impact of COVID-19 on condominiums. They range from maintenance measures to traffic in the building, even police intervention. It is in this special context that the RGCQ's general secretary, lawyer emeritus Yves Joli-Coeur, gave an interview to Radio-Canada journalist Mathieu Dion.
<![CDATA[Building Regulations and Tacit Amendments]]>

April 17th, 2020- Co-ownership law is in full swing and is currently undergoing major reform. But what about the tacit amendments to the Declaration of Co-Ownership and the building regulations? For example, if a co-owner has been using unused space in the garage for more than ten years to store their personal property, do they have the right to use it indefinitely? Will the person eventually buying this unit also be able to use this space to store their property?

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2020-04-17T14:36:00+0000 2020-05-10T10:09:22+0000 http://en.condolegal.com/your-rights/chronicles/emilie-seguin/2789-tacit-amendments April 17th, 2020- Co-ownership law is in full swing and is currently undergoing major reform. But what about the tacit amendments to the Declaration of Co-Ownership and the building regulations? For example, if a co-owner has been using unused space in the garage for more than ten years to store their personal property, do they have the right to use it indefinitely? Will the person eventually buying this unit also be able to use this space to store their property?
<![CDATA[Émilie Séguin]]> After practising litigation in Montreal offices and in Montérégie, Émilie joined Therrien Couture Joli-Coeur civil and commercial litigation team, in addition to working in real estate and construction law.

During her practise, she developed a strong interest in litigation, as well as real estate, co-ownership, rental and construction laws.

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2020-04-17T14:19:00+0000 2020-04-18T10:32:07+0000 http://en.condolegal.com/condolegal/chroniclers/2788-emilie-seguin After practising litigation in Montreal offices and in Montérégie, Émilie joined Therrien Couture Joli-Coeur civil and commercial litigation team, in addition to working in real estate and construction law. During her practise, she developed a strong interest in litigation, as well as real estate, co-ownership, rental and construction laws.
<![CDATA[Co-ownership insurance bill 141: some provisions will come into force]]>

April 15, 2020 — The Government of Quebec published in the Official Gazette of Quebec, on April 15 2020, a regulation on divided co-ownership insurance, which clarifies the terms and dates of entry into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six of the elements contained in it would be passed by government regulation. For the time being, only four are touched by this regulation.

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2020-04-16T10:49:00+0000 2020-04-22T12:47:01+0000 http://en.condolegal.com/insurance/news/2787-Co-ownership-insurance-bill-141-some-provisions-will-come-into-force April 15, 2020 — The Government of Quebec published in the Official Gazette of Quebec, on April 15 2020, a regulation on divided co-ownership insurance, which clarifies the terms and dates of entry into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six of the elements contained in it would be passed by government regulation. For the time being, only four are touched by this regulation.
<![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 2020-07-06T13:08:20+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[Who votes a condominium budget?]]> At our last Annual General Meeting, the Board of Directors presented the estimated budget for the coming year. This budget provided for a substantial increase of the common expenses, as significant work was to be carried out during the year to upgrade the elevator. Many co-owners did not agree with this decision, but the budget was passed anyway! I really had the impression that during this meeting, the will of a majority of co-owners was not taken into consideration.

Question: What is the power of the co-owners meeting with respect to the vote on the budget? Can it vote against an increase in common charges?

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2020-03-02T20:00:00+0000 2020-06-07T14:30:30+0000 http://en.condolegal.com/management/questions-answers/613-Who-votes-condominium's-budget At our last Annual General Meeting, the Board of Directors presented the estimated budget for the coming year. This budget provided for a substantial increase of the common expenses, as significant work was to be carried out during the year to upgrade the elevator. Many co-owners did not agree with this decision, but the budget was passed anyway! I really had the impression that during this meeting, the will of a majority of co-owners was not taken into consideration. Question: What is the power of the co-owners meeting with respect to the vote on the budget? Can it vote against an increase in common charges?
<![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 2020-04-17T14:29:55+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 2020-04-27T11:40:51+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.