All the FAQ Condolegal

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). Answer: The calculation of the time limits for convening the meeting of co-owners or a request for addition to the agenda is not the subject of any specific provision in the Civil Code of Quebec. The declaration may include statements on how the time limits are calculated.  

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?

A co-owner accidentally broke down the garage door with his vehicle. This needs to be changed completely. His insurer offers to compensate us only partially. This one offers us to pay 90% of the bill because of the depreciation. Question: Are we required to accept this proposal? Answer: Technically yes. The basis of a claim for compensation as a result of damage caused by a co-owner to the common or private parts is civil liability, which may be "contractual", in the event of a breach of an obligation contained in a contract (for example: the declaration of co-ownership), or "extra-contractual" if the fault alleged is the breach of an obligation provided for by law generally governing relations between individuals.

I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured for this damage. However, I do not know if the defective pipe is in the common portion of the building or in the private portion of my neighbour. Question: Am I entitled to claim from my neighbour or the syndicate the sums I have had to pay so far?   

Question: I want to sell my apartment. I am aware that I must provide a number of documents to the real estate broker who takes care of the sale, to the buyer in the making whose offer I will have accepted and to the  notary who is in charge of drafting the official documents of the sale. Specifically, whatare the documents to be communicated to the buyer of a co-ownership?

In our current declaration of co-ownership, nothing, other than a vehicle as permitted herein, may be stored in an indoor parking space without obtaining prior written permission from the Board of Directors. More specifically, it is prohibited at all times to store goods in an indoor parking space, except and except a bicycle when the indoor parking space concerned is equipped at its end with a bicycle rack. The statement was written by the promoter of the project. I also see on this site that it would be a normal settlement. Some co-owners dispute this regulation. Question : Are there any municipal, provincial or fire service restrictions that could explain this bylaw?  

Question: Our declaration of co-ownership states that exterior windows, incorporated into the walls, are common portions for restricted use. However, the windows of my apartment are heavily foggy, a multitude of water droplets accumulate during the night and hinder the view. A glazier told me that the cause of this problem is a failure in the sealing of the thermos glass itself. The directors claim that the costs of replacing the thermos are borne by the Syndicate and then distributed to the co-owners who have requested them according to the thermos replaced. I disagree with them. Who should pay for the cost of replacing the thermos windows in my apartment?

Question: Some co-owners of our syndicate want to put a resolution to a vote at our next annual meeting. What are the steps to follow? Do we have to send the text of our draft resolution to the board members in advance, or can we do that during the meeting? Is there a particular legal procedure to follow? At the time of the meeting, if certain corrections need to be made to the text of the resolution, can this be done during the meeting, or should another meeting be called to present and vote on the new text of the resolution?

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?