Definition : Charter of Human Rights and Freedoms

Québec law, the object of which is to guarantee to any person the legal protection of his fundamental rights. This applies to, in particular, the respect for the dignity of human beings, the equality of women and men, the recognition of the rights and freedoms to which they are entitled, and the protection against any type of discrimination.

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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.
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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?
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  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?
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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.
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