All the FAQ Condolegal

We are a small co-ownership of twelve units. It is recognized that periodic maintenance and replacement of water heaters in apartments is a requirement of insurers. But we have a co-owner who makes the strong head and refuses to change his own (who is more than ten years old), on the pretext that his unit is located in a semi-basement. According to him, the risk of damage in case of water damage is minimal. I would like to know if our syndicate of co-owners has rights and recourse against this co-owner while we are in the process of annual renewal of our insurance policy. Question: What should we do?

I have been a member of the board of directors of our co-ownership for ten years. We have in our building two families who have recently moved in with small children. Since then, some elderly co-owners have complained about the noise generated by crying, moving furniture and the noise of scooters. They called the police to report a situation they consider unacceptable. The police refused to receive their complaint on the grounds that the debate is civil in nature. These co-owners want us to intervene to stop everything. They propose that a formal notice be sent to them. This seems excessive and expensive to us. Question: What should we do?

Under the Charter of Human Rights and Freedoms, adisabled co-owner is asking us to install four automatic door openers in the common portions, two of which have a remote-controlled joystick.  This co-owner told us that a significant portion of the installation costs would be covered by the Home Adaptation Program of the Société d'habitation du Québec (SHQ). However, when it was purchased, more than two years ago, this co-owner was already in a wheelchair.  He must have been aware that the building was not suitable for his condition. Knowing that the costs for the installation of these automatic door openers will far exceed the amounts allocated by the grant, not to mention the inspections and maintenance afterwards, we find that the financial impact for our co-ownership is excessive and unreasonable.  Question: Under the circumstances, are we required to accept his request, or can we refuse it?

Due to covid, the board of directors of our building has held the meeting of co-owners on a ZOOM platform for the past two years. Despite this trouble shooting option, the result was unsatisfactory overall. Today, the co-owners are preparing a petition for the board of directors to return for the next annual meeting scheduled for the end of two months, in the usual format, a face-to-face meeting. Questions: How many signatures are required to respond to our request? What is the deadline we have to meet to transmit this petition to the directors of our syndicate ?

Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment.  None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility and who is the owner of an indoor parking space not adapted to his needs. Question: Is there a law that would allow this co-owner with reduced mobility to request a change of parking space?  

According to article 477 of the Code of Civil Procedure, the syndicate has the obligation to notify the co-owners of the subject of a legal claim to inform them, within five days of receipt of the notification. However, I sent a notice of arbitration to the directors by registered mail. I then forwarded the notice with the proof of receipt to a Mediation and Arbitration Centre.  Question: Does a notice of arbitration fall into this category?

I am co-owner of an apartment that is located on the ground floor in a fairly old building. The service crawl space below my apartment is not heated. This common portion of the building is currently 9 degrees in the middle of it and our floor is frozen (10.6°C on the floor in our daughter's room and in the bathroom). We are therefore forced to heat really hard and constantly because the temperature ensuring a comfort zone is never reached. Questions: At what temperature is a heater considered insufficient? What is the minimum temperature for common portions such as crawl space and passageways? What are my recourses in case of insufficient heating?

  A co-owner (formerly president) wants to modify the minutes of the meeting of co-owners that took place two years in the screen. At our last meeting of co-owners, this minutes were adopted last year by all the co-owners present and represented at the time. Currently, three out of six co-owners are new, so were not present at this last meeting of co-owners. In the circumstances, I find it difficult to see how a vote can be credible. This same co-owner always wants to change or remove sentences from the minutes according to his personal opinion and whichdoes not correspond to reality. Question: Can we amend a minutes that were adopted 2 years ago?

We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He opened a claim file with his insurer. However, the cost of replacing your vanity unit is lower than our deductible. It should be noted that we were informed that the co-owner, having bought the damaged apartment from the developer, had paid an extra fee for a superior quality vanity. Questions: In the circumstances, does the syndicate have to pay all or part of the cost of replacing this piece of furniture? If so, what should be the participation of the co-owner's insurer?  

A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.