Maximum allowable fees established for certain services, which are usually charged by a syndicate of co-owners. Article 1070.1 of the Civil Code of Quebec states that every co-owner has the right, for a reasonable fee, to obtain a copy of the documents produced in the register of the co-ownership. In addition, article 1068.2 of the Civil Code of Quebec states that a person who promises to buy a fraction may request the syndicate to provide him with the documents or information concerning the immovable and the syndicate that will enable him to give enlightened consent. Many declarations of co-ownership provide that the board of directors may, by resolution, fix, generally and revisable annually, reasonable fees, to be paid by a promising purchaser of a fraction, in respect of the communication of documents or information concerning the immovable and the co-ownership.
Je suis propriétaire locateur d'unités de condo. Le syndicat de la copropriété a voté récemment un règlement pour facturer au propriétaire des frais lorsqu'un locataire emménage ou déménage. Bien que ces frais soient élevés, est-ce qu'un recours pourrait être possible si toutefois ces frais augmentaient au point d'être abusif (disons 10 000$) ? Question : Qui peut juger du caractère abusif ou pas d'un tel règlement adopté par l'assemblée générale annuelle? Est-ce qu'un recours pourrait être possible? Si oui basé sur quelle loi?
Même situation pour les petits animaux qui sont permis pour les propriétaires mais pas pour les locataires. Question : Peut-on restreindre ce droit à un locataire?
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When selling an apartment, we, as directors, frequently have to fill out and provide documents to notaries and real estate brokers. Obviously, we understand that the objective is to inform the future co-owner on a number of points relating to our co-ownership. 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?
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Relocations and move-ins involve going through the common portions of the building to transport furniture, boxes and other personal belongings. These operations could turn into a real mess or nightmare if, in a co-ownership, the framework for managing them has not been clearly established. While certain provisions of the Declaration of Co-Ownership are universal on this issue, nothing prevents a syndicate of co-owners from improving its content in order to adapt them to its own reality.
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The law provides that the syndicate must keep a register available to the co-owners. Article 342 of the Civil Code of Quebec specifies that the board of directors shall keep the list of members, as well as the books and registers necessary for the proper functioning of the legal person. This register represents the memory of the building for those who administer it. It constitutes the history of the experience of the condominium from its conception, and this by specifying its maintenance and the work undertaken, while listing the contractors and suppliers who intervened. In this sense, it is invaluable. The syndicate must preserve for organizational and management purposes, or for legal protection and evidence purposes, all documents and information relating to the operation of the co-ownership. That is why "preservation", "access" and "archives" are the hallmarks of this register.
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