Questions / Answers - Management of condominiums

We are a small co-ownership of twelve units. It is recognized that periodic maintenance and replacement of water heaters in apartments is a requirement of insurers. But we have a co-owner who makes the strong head and refuses to change his own (who is more than ten years old), on the pretext that his unit is located in a semi-basement. According to him, the risk of damage in case of water damage is minimal. I would like to know if our syndicate of co-owners has rights and recourse against this co-owner while we are in the process of annual renewal of our insurance policy. Question: What should we do?

I am co-owner of an apartment that is located on the ground floor in a fairly old building. The service crawl space below my apartment is not heated. This common portion of the building is currently 9 degrees in the middle of it and our floor is frozen (10.6°C on the floor in our daughter's room and in the bathroom). We are therefore forced to heat really hard and constantly because the temperature ensuring a comfort zone is never reached. Questions: At what temperature is a heater considered insufficient? What is the minimum temperature for common portions such as crawl space and passageways? What are my recourses in case of insufficient heating?

Questions: How can I get the contact information of a new co-owner who has never moved into the condo since the purchase? We have no information available about him (no phone number, no email address). How do I trace it?

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?

  For several years, one or more wasp nests have been housed in the façade of our building. Two co-owners use cheap products to eliminate them, with no conclusive long-term results. I want to hire a professional exterminator to eradicate the problem. Question:  Who is responsible for removing wasp nests if only one co-owner is inconvenienced?    

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?

We are concerned about the comings and goings of strangers in our building. This concern is all the more justified by the fact that some of our co-owners rent without right, for short periods, to travelers (Airbnb-type rental). Question: Can the Board of Directors ask to see a tenant's identity card in order to certify that he is who he claims to be?

At our last annual co-owner's meeting, the board of directors informed us that it was going to take $10,000 from our contingency fund to set up a self-insurance fund. To justify their decision, the directors said that this will allow to avoid putting up a special assessment. Several co-owners seemed to agree. However, I am of the opinion that such a way of doing things is totally illegal. Question: Can the board unilaterally decide to use part of the sums accumulated in the contingency fund to set up a self-insurance fund without consulting or obtaining the approval of the co-owners? And if so is this a good way to manage the funds of our co-ownership?  

 At our last Annual Meeting, the Board of Directors presented the estimated budget for the coming year. This budget provided for a substantial increase of the common expenses, as significant work was to be carried out during the year to upgrade the elevator. Many co-owners did not agree with this decision, but the budget was passed anyway! I really had the impression that during this meeting, the will of a majority of co-owners was not taken into consideration. Question: What is the power of the co-owners meeting with respect to the vote on the budget? Can it vote against an increase in common charges?