Definition : Charter of Human Rights and Freedoms

We have a co-owner who has installed in his apartment a surveillance camera that can capture images of sidewalks located in common portions. This camera, located in his bedroom, can film passers-by through the window.  We have been informed that this co-owner plans to install more cameras to monitor the parking lot and surrounding areas this time. These are not cameras that board members have access to.  We have received questions and complaints about the legality of these cameras.  Question: Can you  tell us if this practice is legal in Quebec?

Cohabiter avec d’autres personnes dans un immeuble en copropriété divise implique le droit au respect de la vie privée. Ce droit est garanti par l'article 3 du Code civil du Québecet la Charte des droits et libertés de la personne. Sa dimension informationnelle est juridiquement protégée par la Loi sur la protection des renseignements personnels dans le secteur privé (LPRPSP). Avec la sanction du Projet de loi n° 64, le 22 septembre 2022, de nouvelles règles d’utilisation et de diffusion des renseignements personnels assujettissent déjà le monde de la copropriété. À noter que d’autres règles entreront aussi en vigueur, le 22 septembre 2023 et le 22 septembre 2024. 

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?

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?  

Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and  the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by  the Act respecting the protection of personal information in the private sector (PHIPA). With the assent  of Bill 64 on September 22, 2022, new rules for the use and dissemination of personal information have subject (and will subject) the world of co-ownership since September 22, 2022, while other rules will come into force in September 2023 and 2024.

Je suis membre d’un syndicat de copropriétaires dans l’Outaouais comptant 80 copropriétaires dont 65% sont anglophones. Les rencontres de l’assemblée des copropriétaires et celles du conseil d’administration sont toujours en anglais. Lorsqu’une question est posée en français on y fait généralement abstraction et on la passe sous silence. Question : Au Québec les rencontres d’assemblée des copropriétaires ne doivent-elles pas être tenues en français en vertu de la Charte de la langue française? Quel est mon recours pour que les réunions soient tenues en français, à la limite bilingues?

Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy and interferes in his privacy can be particularly irritating and even embarrassing. If he comes to photograph him when he walks through the common portions, monitors all his comings and goings or installs a surveillance camera in the corridor pointing towards his front door, then there is an illegitimate invasion of his privacy. Such serious conduct can be considered psychological harassment, in that it seriously harms the person who is the victim.

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?

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 right to respect for the private life to justifie 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? 

The desire to preserve the safety of people and property can lead both syndicates and co-owners to consider installing surveillance cameras in the building. For many, when a co-ownership faces repeated acts of vandalism or burglary, video surveillance appears to be the only solution, especially since the decrease in the cost of installations and technical progress facilitate its access. However, the question of the legality of such facilities raises several debates in co-ownership. It should be noted that surveillance cameras are used in many buildings, although they do not please everyone, including the occupants of the building who claim the right to privacy. However, are surveillance cameras in a co-ownership legal? And if so, is there a procedure to follow?

  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children. Question: Can our syndicate compel these smokers to install an air freshener in their apartment?

The powers of the syndicate are designed according to the collective interest of the co-owners and find their limits in respect of the individual rights of the co-owners guaranteed by the declaration of co-ownership and by the Charter of Human Rights and Freedoms (e.g.: the inviolability of the home). These powers of the syndicate are based on four principles: the preservation of the immovable, the administration of the common portions, the protection of the collective rights and the amendments to the declaration of co-ownership. For this, he must ensure the maintenance in good condition of use and enjoyment of all the common portions. The syndicate may also take legal action against a co-owner. The Civil Code of Quebec gives the syndicate of co-owners extensive powers to administer the co-ownership.

The directors  of a co-ownership could, eventually, be called upon to enter the private portion of a co-owner. Article 1066 of the Civil Code of Québec obliges the co-owner, as well as his tenant or another occupant, to undergo work within his unit. This also includes justified pre-inspections for the conservation of the building and the safety of the occupants. Any co-owner will have to cooperate in such a situation. Although he as the complete use and enjoyment of his private portion, and no one can infringe upon his fundamental right, he must nevertheless allow access in certain circumstances. More particularly when the syndicate needs to carry out urgent or preservation work to ensure the conservation of the immovable.

Le syndicat, dans le cadre de ses missions, doit autoriser, le cas échéant, tous travaux entrepris par des copropriétaires, que ce soient dans les parties privatives ou les parties communes à usage restreint. Les copropriétaires ne doivent pas oublier qu'en copropriété, certaines règles s'appliquent.