Although the law (1064.1 of the Civil Code of Quebec) and our declaration of co-ownership are explicit, there are still some co-owners who refuse to provide the board of directors with proof of insurance.
Questions: What means does the syndicate have to obtain this evidence? How do we enforce this section of the Civil Code of Quebec? Is there a government agency that has the authority to demand that evidence?
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change all the windows. We have been losing the enjoyment of one of our main windows for 2 years. Its opening is a danger, because it is too heavy, weighs on the closing mechanism, and I am afraid that it falls from the 4th floor, or that the thermos breaks again. Question: What do you think are our remedies?
The meeting of the co-owners was registered with the permission of the co-owners.
Questions: As a co-owner, do I have the right to get a copy of the registration? Could the syndicate refuse me that? If so, why?
For several years, one or more wasp nests have been housed in the façade of our building. Two co-owners use cheap products to eliminate them, with no conclusive long-term results. I want to hire a professional exterminator to eradicate the problem. Question: Who is responsible for removing wasp nests if only one co-owner is inconvenienced?
Our Board of Directors considers entrusting part of the administrative management of the syndicate to an external manager. In order to reduce the risk of fraud, a criminal history certificate is included in our selection criteria. Also, proof of liability insurance from the manager is verified so that it is sufficient in the event of errors or omissions on his part. Another selection criterion is a manager who is a member of the Ordre des administrateurs agréés (ADMA).
Question: Should directors only appoint a condominium manager with no criminal record and membership in ADMA?
Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing the private part (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private part?
Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal condominium? And if so, what would be the impact on representativeness at the general meeting of the horizontal condominium (AGM)? For example, could a few co-owners of a vertical condominium act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical condominium AGM?
Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to participate in the meeting. Is it legal?
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?
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?