New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?
We would like to know what our rights are with respect to the members of the board of directors. We asked them on more than one occasion, a copy of the minutes of our last meeting of co-owners (which took place three months ago). Under article 1102.1 of the Civil Code of Quebec, the board of directors must send the co-owners the minutes of any meeting of the co-owners within 30 days of the meeting. Despite these demands, the directors turn a deaf ear. We have decided to stop paying our common expenses until we get what we are asking for. Question: But is it okay to have to make such a request every time the board does not give us a follow-up?
We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it was flowing (rust) on my patio. Each co-owner must see to the maintenance of the balcony and patio. He mentioned to me that he was aware that it had been in this state for at least 4 years. I was afraid that the balcony would collapse this winter with the weight of the snow. We are the two signatories on the account. Therefore, I could not undertake the work on behalf of the syndicate. Questions: What can I do to require the work to be done quickly? Send him a formal notice ? I may no longer have his collaboration at all, which is already difficult.
I am a co-owner in a co-ownership in phases of 10 syndicates of co-owners who share a grassy lot in common part. Until the arrival of young children in the condos the space was not very busy. Currently it is the regular meeting place for children and their parents (end of the day during the week and weekends depending on the temperature). The temporary installation of inflatable games and water games (stored after each use) attracts several children from the neighborhood and consequently increases the noise level. Many homeowners who live nearby complain about the noise and use of this space. In our declaration of co-ownership, it is mentioned that the tranquility of all co-owners must be respected.
Question: In a recently held general assembly, the chairman handed out post-it notes and asked the owners to write their unit number along with 5 members of their choice to the board of directors. ( CA comprises 5 members). This is the first time I've seen anything like this happen. Usually, the owners will vote only for those candidates they consider suitable to hold a position on the board, whether they may be one or whatever number up to 5. But not necessarily 5 in this case. is the chairman's action acceptable? If not, can we ask for a new vote be taken by secret ballot.
I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of seller ? Some vendors report all costs, others report only current expenses (e.g., maintenance, operation and administration expenses of common portions). These two ways of doing things can vary the amount of condo fees by 300%, which can represent significant amounts for a buyer.
Questions : Can co-owners or occupants of the building be authorized by the board of directors to carry out voluntary work (such as painting the corridors, washing the windows, laying out a small gravel path, etc.), in short, limiting the number of contractors for the maintenance of the building, and this to save several thousand dollars each year? And if this is possible, what are the consequences? When it comes to liability insurance, is this type of risk covered? In terms of occupational health and safety, does this type of activity entail risks for the syndicate? And in the event of an accident, what are the consequences for our volunteers?
Question: The board of directors wishes to vote on a by-law to limit the number of swimmers at the pool and to prohibit the presence of dogs in the building. Could we implement it immediately? It goes without saying that this by-law will be voted on at our next annual meeting of co-owners.
Question: Article 1088 of the Civil Code of Quebec provides that any co-owner may request the board of directors to include any other matter on the agenda within 5 days of receipt of the notice of meeting of the co-owners.
Are these 5 days working days or just 5 consecutive days?
If I receive the convocation on Friday, is the 5th day Tuesday or Thursday (because Saturday and Sunday do not count).
Question: According to article 352 of the Civil Code of Quebec, the co-owners, if they represent 10% of the votes, may require the directors or the secretary to call an annual or special meeting by specifying, in a written notice, the matters to be dealt with therein. However, our declaration of co-ownership indicates that to request such a convocation, it is necessary to obtain 20% of the votes. Does our declaration of co-ownership take precedence over the provisions of the Civil Code of Quebec?