August 14, 2022 - The phenomenon of psychological harassment in the workplace is increasingly reported and publicized. It manifests itself in many forms through intimidating, vexing and inappropriate behaviors. This scourge of society is being fought, wherever it occurs. No one can hide behind any legal status, including that of co-ownership. A syndicate of co-owners, as an employer, must take reasonable steps to prevent any form of psychological harassment among its employees and, when such conduct is brought to its attention, to put an end to it.
August 2, 2022- As important players in a co-ownership, employees of a syndicate of co-owners ensure its proper functioning by performing various services expected by residents. The syndicate is thus "the employer", responsible for the safety and health of its employee. Since 2004, the Act respecting labour standards provides that every employee has the right to a work environment free from all forms of psychological harassment. For example, in the event of a dispute caused by a co-owner who exerts regular pressure on the concierge or the doorman, the syndicate must take the necessary measures. If the emplyee files a complaint of harassment, the co-ownership may be held liable for the actions of one of its members.
February 22, 2022 - The archives of a co-ownership are a set of documents kept being able to manage the building, prove rights or testify to certain activities. I am sometimes asked for how long documents filed in the co-ownership register should be kept by the syndicate. This is a fair question, since the legislator has given no explicit directions on this subject in the Civil Code.
It could be that its silence means, "You must keep everything, permanently !” As far as I am concerned, I rather lean in that direction.
The search for a good condo manager is like the quest for a good wine! Should you try several before finding the right one?
At the risk of having stomach disorders.
Or rather, it is necessary to know before the search for the right nectar the quality criteria that are flexibility, intensity, clarity ...
Well, let's go! Let's do like the tasters and look for the best qualities in French co-ownership manager (syndic), Quebecois co-ownership manager and why not elsewhere? Even in China because there are also Chinese co-ownership facing the same problem of quality research of the manager!
Here are the quality criteria of the syndic of co-ownership as they are seen on the side of France:
December 23, 2021- As an employer, a syndicate of co-ownership has a right of management with respect to its employees, that is to say the right to direct them. This right of management must, however, be exercised in compliance with employment rules.
It starts in the hiring process
Leading staff is much more than just assigning tasks to the employee. A good employer/employee relationship is created from the hiring process. Experience and job references are important points to consider, as well as the motivation, skills and background of the candidate, in order to select well. This step should not be overlooked.
November 18, 2021- When it comes to hiring labour in a co-ownership, many directors think that it would be simpler and less expensive if it were provided by contract that the janitor, for example, would be considered a "self-employed".
By doing so, it would not be appropriate to deduct deductions for tax purposes, or contributions to Employment Insurance or the Québec Pension Plan (QPP) at source. In addition, it is believed that this avoids red tape and contributions to the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST). In short, it costs less and everyone is happy...
The basis of the management of divided co-ownerships, the financing and accounting of syndicates of co-owners must be mastered both by those who must establish the accounts and by those who have to report to the co-owners. A syndicate of co-owners has the obligation to account for its operations by funds. The Civil Code of Québec requires the creation of a general fund, a contingency fund and in April 2022, the creation of the self-insurance fund. The creation of the early self-insurance fund is recommended. The general fund for current operations is also sometimes referred to as an administration fund or an administration fund.
Every January or February, the manager, the accountant or the administrator of the co-ownership syndicate must complete, at the request of the co-owners concerned, the form TPZ-1029.MD.5-V for the tax credit for home support services for seniors. Completing this form requires an analysis of the accounting books to use only eligible expenses. This work can take a lot of time, depending on the volume of transactions of the condominium. It is tempting to charge the co-owner requesting this form a fair amount of professional fees for the production of the said document. Especially that in condominiums, the trend is according to the user-pays principle. Can we do it?
The statement of financial position, also known as the balance sheet, lists the assets, liabilities and net assets of the co-ownership syndicate at a specific time. It is a picture of the financial situation at a given date compared to other statements that usually cover a full fiscal year.
The statement of financial position shows assets on one hand and liabilities and net assets on the other. Assets are always equal to liabilities plus net assets. Everyone knows the famous quote "nothing is lost, nothing is created, everything is transformed". This principle is reflected in accounting. The statement of financial position is always balanced since the asset is financed either by the creditors (liabilities) or by the co-owners (the net assets).
The statement of earnings is essential for performance assessment and informed decision-making. This statement is expressly required by the article 1087 of the Civil Code of Québec. It states that the income statement, in addition to the balance sheet, the budget and the statement of debts and claims, must accompany the notice of the annual meeting.