August 10, 2017 - Co-ownership can be a source of disputes. It abounds with elements or subjects that can become irritants and then lead to disputes. The judicial route is sometime the only means of solution, but there is, meanwhile, an alternative disputes mode of settlement: mediation.
April 18, 2017 - To answer the question of whether you are a victim of intimidation or not, you need to know what constitutes intimidation. Indeed, in co-ownerships and throughout our interactions with others in society, we can experience conflictual situations that are not necessarily intimidation.
Day-to-day co-ownership life, in particular, can lead to many conflictual situations: disagreements between co-owners and directors about a board decision or on work to be carried out; on budgets; on the interpretation of a provision of the declaration of co-ownership or of a by-law; on the obligation of one or another to act when confronted to a problematic situation, etc.
February 27, 2017 - Noise is a common nuisance in co-ownership. It is an extremely sensitive issue, to the extent that many declarations of co-ownership provide stringent by-laws in this area, particularly within multi-floor buildings.
Managing noise issues is a necessity for any Board of Directors and co-owner. This task is however difficult, since what constitutes a nuisance is both objective and subjective. With this in mind, to eradicate harmful noise, the first step is to find its source. We have identified three major causes.
February 16, 2017- It is sometimes difficult for co-owners to figure out, at the organizational stage of their syndicate, their rights and obligations .The function of director is often complex, but it is even more so when the first directors replace the provisional director of the syndicate, in essence the representative of the developer.
October, 8, 2016 - Article 1039 of the Civil Code of Québec stipulates that the syndicate of coowners is responsible for the preservation of the immovable, its maintenance and the administration of the common portions. As a result, the initiative to undertake work in common portions comes from the syndicate, acting through its Board of Directors. This applies both to work intended to correct construction defects and work for the rehabilitation of the immovable, following a loss caused by a co-owner.
September 23, 2016 - You hire a "contractor" to replace your kitchen and to save money, it is understood that the work will be paid cash that is to say without paying the usual taxes.
The work is progressing swiftly and you pay your "contractor" under the table. Nearing completion and all agreed sums disbursed, you find out the cabinets do not close properly, are improperly installed and to add insult to injury, some components are of different colors. In short, it's a disaster!
September 21, 2016 – on August 19, 2016, an interesting decision has been rendered by the Court of Québec (Honorable Pierre A. Gagnon, j.c.q.). It retains the liability of a contractor holding of a license from the Régie du bâtiment du Québec(Quebec Building Board) and operating since 1998, and condemned him to pay damages including damages to compensate the moral prejudice suffered by his clients, based on Charter of human rights and freedoms. Here are the facts.
February 9th, 2015 – In many instances, a condo is bought before ground breaking. In fact, many buyers purchase their condo on the basis of documents supplied by the developer (“preliminary contract”) and of the plans shown to them. In essence, they purchase “on plan” and on the basis of the information notice supplied when the project provides for at least 10 residential units.
March 17, 2014 - We've already discussed in two previous columns the nature of incorporated co-ownerships and the differences between this forms of ownership compared to divided co-ownership (WHAT IS AN INCORPORATED CO-OWNERSHIP? IS IT A REAL CONDO? and CONDOS AND INCORPORATED CO-OWNERSHIPS: AVOID CONFUSION IN KIND! )
March 30, 2010- You wish to buy a condo to live closer to your daughter. Eureka, you learn that a unit is for sale in your daughter’s building. The said unit is leased. During your visit of the premises, the tenants inform you that they do not intend to leave since they have the right to remain in the apartment "for a lifetime".