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May 13th, 2023 — Condolegal.com announces the launch of its new website to provide a user-friendly experience that is better suited to the needs of its members and the general public. Completely redesigned and redesigned, the Condolegal site offers new features as well as an adaptive design, regardless of the device used. This change will improve navigation for all users.
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We suffered water damage caused by a broken pipe that is located in the common portions. Several private portions were damaged. Our insurer is willing to compensate the syndicate as long as it signs a release beforehand. Questions: Is the board required to sign such a release? What are the consequences of not signing such a receipt? What are the syndicate's rights and remedies against its insurer?
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April 19, 2023 – The news challenges us again and raises serious concerns, with a case of probable bankruptcy for the Pimbina syndicates, which make up the Faubourg Boisbriand co-ownership, struggling with a situation of "accelerated" decline of some 150 units, built barely 15 years ago, due to the poor quality of construction and hidden defects. Indeed, an article from Radio-Canada, broadcast today on its digital platform, reveals the sad fate of 27 buildings of six condo units each in the Faubourg Boisbriand. Construction defects and contamination caused by fungi, the result of water infiltration behind brick facades, are pushing the condominium syndicate to the brink of bankruptcy.
The life of the co-ownership is not only of interest to its owners and occupants, but also to their insurers. This is all the more true since it is known to all that condominium disasters are numerous: water leak, water damages, vandalism, fire, etc. Let's go back to the basics of property insurance. The Syndicate is required to take out insurance covering the common portions, the private portions (excluding improvements made to them) and movable property belonging to the syndicate. As for the improvements that have been made to the units, it is up to each co-owner to protect them with individual insurance, both those made by the previous owners and theirs. Finally, it is generally required (if only for the protection of co-owners) that tenants are also insured with respect to their movable property.
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The accounting of the co-ownership is managed by the members of the board of directors, or the condo manager designated by the latter. It is necessary for them to understand the rules of accounting in order to ensure the effective management of the syndicate of co-owners on a daily basis and measure its result in a reliable way. However, not all directors and co-owners are accountants by trade. It is therefore important that they understand the essentials concerning the accounting of their co-ownership. In practice, several accounting methods can be envisaged: each obeys a specific principle and often pursues a very particular purpose. There are two types of accounting: cash basis of accounting and accrual basis of accounting.
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Aline Desormeaux (CPA, CA, Adm.) holds a Bachelor of Business Administration from UQAM and is a member of the Order of Chartered Professional Accountants of Quebec and of the Order of Chartered Administrators of Quebec.
Chartered Professional Accountant since 1992, she specializes in audit, review engagement and notice to the reader, and more particularly as an auditor for several condominium syndicates in Montreal, Nun’s Island, Laval and Mont-Tremblant. She also offers tax planning for corporation, individuals and estate, and financial forecasts services.
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April 2, 2023 - As reported in an article by journalist Zacharie Gaudreault of the newspaper Le Devoir, a co-owner of a building located in the Griffintown district of Montreal has been sentenced by a judgment of the Superior Court of Quebec to pay more than $85,000 in penalties and extrajudicial fees for illegally renting her short-term apartment, between 2016 and 2019.
The syndicate of Co-ownership of Griffin Îlot 10 Residential, represented by lawyer Karl Michel of LJT Avocats, asked the Court to make a permanent injunction order against Ms. Lu Zhao and to condemn her to pay damages, for violation of the provision of the building's by-laws that prohibits co-owners from renting their housing on a short-term basis on websites dedicated to short-term rental, such as Airbnb.
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In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact with the board of directors or the condo manager (to request the repair of broken equipment, such as the elevator, for example). In the same way, the board of directors or condo manager may wish to communicate with a tenant (if he does not respect the declaration of co-ownership, for example). The rental of a fraction by a co-owner thus implies a tripartite relationship between the syndicate, the landlord and the tenant. But what are the rules?
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March 3, 2023 – On June 8, 2021, the National Assembly of Québec assented the Act mainly to improve the transparency of enterprises (Bill 78). This Bill makes amendments to the Act respecting the legal publicity of enterprises. New responsibilities have been entrusted to the Enterprise registrar. This new legislative framework entered into force on 31 March 2023 and introduced new obligations relating to the publication of information by registrants, including syndicates of co-owners. The Government of Quebec has thus improved the information available at the Registre des entreprises du Québec (the "REQ"), while improving corporate transparency, strengthening public protection and contributing to efforts to fight tax evasion, money laundering and corruption.
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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?
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Afflicted with a health issue, you want to move to an apartment closer to your daughter, which is fitting, given that a unit in her condo building is for sale. However, this unit is rented. During a visit to the premises, the tenant informs you that he has no intention of leaving, claiming a right to stay there for life. At least, for as long as he wants to.
On the other hand, the seller tells you that the tenant will have to leave the unit upon receiving a notice of repossession. Intrigued by the tenant's statement, you take time to interview several people to verify this "lease for a lifetime" matter. The answers provided reassure you: if it is sent six months before the planned repossession date, the notice of repossession should allow you to take back the apartment.
The conversion of an immovable into divided co-ownership has certain undeniable advantages, including that of being able to obtain a mortgage loan from the financial institution of one's choice, while in joint ownership, all owners must finance themselves with the same institution. In addition, the minimum down payment in undivided co-ownership required is 20% of the purchase price of the apartment, and not 5%, as is the case in divided co-ownership, since mortgage insurers do not provide insurance for such loans. It is in this specific context that many owners wish to convert their building into divided co-ownership.
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The notion of water damage generally includes the questioning of the civil liability of the syndicate, the co-owner and the tenant. The question of who is responsible for this is constantly being raised. Claims involving the liability of a co-owner are numerous in co-ownership. This is the case, in particular, for a water heater that gives up the soul and that spills over several floors. This type of disaster is expensive ! This is why the amount of insurance premiums and deductibles for syndicates of co-ownership has increased considerably in recent years. As for the co-owner, he may incur liability towards the syndicate, other co-owners or occupants of the immovable, or even other third parties. As stated in article 1457 of the Civil Code of Quebec, every person has a duty not to harm others.
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A device present in most co-ownerships, the storage water heater has an essential role in the comfort of all occupants of a building. It is thus one of the electrical appliance that is most solicited in a home. It provides domestic hot water used for various purposes, such as showering, hand washing and laundry.
The operation of a storage water heater is simple. Under pressure, cold water enters either through the side, base or top of the tank as it empties to meet hot water needs. It is then heated by the elements and stored in a thermally insulated tank. Since the density of hot water is lower than that of cold water, it gradually rises to the top of the tank.
This device is equipped with a sacrificial magnesium or aluminum anode designed to extend its life. By electrolysis, the anode burns slowly, thus protecting the vitrified tank against corrosion.
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The declaration of co-ownership is an agreement that organizes and regulates the collective life of the co-owners and occupants of the building. This agreement can be an effective way to encourage co-owners to manage the risks associated with water damage, particularly those generated by a defective water heater. Therefore, the constituting act of co-ownership may provide all the necessary powers to the Board of Directors so that the directors can ensure that water heaters are maintained or replaced when the time comes. This power, which is part of the preservation of the building, must also include the power to check and replace it in the event of default by the co-owner.
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The Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ) invites all those interested in real estate, including current or future homeowners, buyers or sellers, to an information and discussion forum.
You will be able to ask representatives of the real estate brokerage regulator all your questions, attend mini-conferences and discover the information and awareness tools made available to consumers by the OACIQ.
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?
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January 27, 2023 – In the summer of 2022, the Government of Quebec not only banned dual representation but since then also requires a broker who accompanies a buyer without a contract, to denounce him with more transparency that he does not represent him and that rather, he represents only the client with whom he is bound by a written contract. What does it mean ?
Me Joël Charron graduated in civil law LL.L (cum laude) from the University of Ottawa (2001) and has been a member of the Barreau du Québec since 2003.
After an internship in a large and reputable law firm, he entered the profession of real estate agent in 2007 and founded his agency in 2011. As an agency manager and managing a portfolio of around a hundred properties, he branched off in 2015 mainly towards training.