Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not having voted on this decision at the meeting of co-owners. Is he right?
Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)? And what about non-voting on a decision of the members of the board of directors?
Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether it is the meeting of the co-owners or of the board of directors. In a meeting of co-owners, abstentionist co-owners are counted with the votes against, while for a meeting of the board of directors, non-voting directors are not taken into account (they have not "expressed themselves").
Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not object to such work.
Questions: Can the new board of directors ask him to restore the premises? Does the concept of vested right acquired by tolerance exist in co-ownership
For the respect and tranquility of all the occupants of our building, we wish to ban dogs.
Question: Are we entitled to do so?
Answer: There is no legislation in Quebec that formally prevents a syndicate of co-owners from including in the declaration of co-ownership a clause prohibiting the possession of a dog in the building. It is one thing to prohibit such an animal inside the private portion of a co-ownership. But it is still necessary that this prohibition is consistent with the destination of the immovable.
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?
As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions: We want to know:
If we are entitled to charge a fee to take care of these files?
If so, what is the amount considered reasonable?
Should we proceed by adding to the by-law of the building?
If so, can we proceed by a majority vote or simply by decision of the Board of Directors?
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?