July 27th 2021 - Divided co‑ownership is a housing type that has become popular in Quebec in recent years. If you’re thinking about buying a new condo—undoubtedly a significant milestone in your life—you’ll find helpful tips in this article on choosing the right contractor.
July 13th 2021 - As of January 1, 2015, Garantie de construction résidentielle (GCR) is the only organization authorized by the Quebec government to administer the mandatory guarantee plan for new dwellings. Our mission is to protect buyers and improve the quality of residential construction. In this article, we will tell you everything you need to know about the mandatory guarantee plan when it comes to divided co-ownership.
Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)? And what about non-voting on a decision of the members of the board of directors?
Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether it is the meeting of the co-owners or of the board of directors. In a meeting of co-owners, abstentionist co-owners are counted with the votes against, while for a meeting of the board of directors, non-voting directors are not taken into account (they have not "expressed themselves").
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Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not object to such work.
Questions: Can the new board of directors ask him to restore the premises? Does the concept of vested right acquired by tolerance exist in co-ownership
For the respect and tranquility of all the occupants of our building, we wish to ban dogs.
Question: Are we entitled to do so?
Answer: There is no legislation in Quebec that formally prevents a syndicate of co-owners from including in the declaration of co-ownership a clause prohibiting the possession of a dog in the building. It is one thing to prohibit such an animal inside the private portion of a co-ownership. But it is still necessary that this prohibition is consistent with the destination of the immovable.
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Your co-ownership is exposed to various risks, as an example, fires, water damages, theft and acts of vandalism, which are required to be insured against. When a loss occurs, the insurance of a co-ownership covers the building as well as the general liability of the syndicate of co-owners.
For the syndicate, subscribing to this type of insurance is mandatory. The law and most Acts of co‑ownership require it. The insurance contract specifies the coverages offered, as well coverage limits and exclusions, in addition to the deductible amounts.
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Mathieu joined Crawford in 2009. He has 18 years of experience in the insurance field. First hired as a property and casualty insurance agent, he then became a claims adjuster, an expertise he refined within independent claims adjuster firms. He handles files related to divided co-ownership properties as well as general liability, mainly for files concerning syndicates of co-owners and their administrators. His first experience with a divided co-ownership property was a significant loss (over $750,000), when a dishwasher caught fire in an apartment on the 16th floor of a high-end residential tower. Since then, he has taken interest in the issues divided co-ownership losses entail. In fact, he received training in this area from Emeritus Lawyer Yves Joli-Coeur.
Although the law (1064.1 of the Civil Code of Quebec) and our declaration of co-ownership are explicit, there are still some co-owners who refuse to provide the board of directors with proof of insurance.
Questions: What means does the syndicate have to obtain this evidence? How do we enforce this section of the Civil Code of Quebec? Is there a government agency that has the authority to demand that evidence?
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As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions: We want to know:
In the event of a claim, the insured, whether a co-owner or a syndicate of co-owners, must declare its occurrence to his insurer. The latter will generally appoint a claims adjuster who will guide him through the steps of the claim. The claims adjuster may also be mandated by syndicates of co-owners. This reality is even more true because of the importance of the insurance deductibles, sometimes unreasonable, that they have to bear, leaving them with all the responsibility of managing the loss. Investigating the circumstances of a disaster, assessing the damage caused by a claim and negotiating a settlement are the three key functions of this certified professional.
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The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change all the windows. We have been losing the enjoyment of one of our main windows for 2 years. Its opening is a danger, because it is too heavy, weighs on the closing mechanism, and I am afraid that it falls from the 4th floor, or that the thermos breaks again. Question: What do you think are our remedies?
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The meeting of the co-owners was registered with the permission of the co-owners.
Questions: As a co-owner, do I have the right to get a copy of the registration? Could the syndicate refuse me that? If so, why?
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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?
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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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April 17, 2021 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for a co-owner to prepare one himself.
A formidable tool at assemblies and an object of covetousness for many when a decisive vote is planned in the co-ownership. However, proxies and their validity are often the subject of unfortunate questions and attempts to counter them. What about it?
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Each syndicate of co-owners has a declaration of co-ownership, which, in principle, should be a veritable bedside book for both the co-owners and the members of the board of directors. However, the declaration of co-ownership is a document that may seem inaccessible at first glance for the latter. This problem can sometimes be increased, when it was more or less well written, more or less long ago. This is not to mention the confusing clauses, which create difficulties of interpretation and even clauses contrary to the legislation that evolved after its publication.
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The interpretation of a declaration of co-ownership during a general meeting of the co-owners is sometimes problematic. If, moreover, it has been published before the coming into force of the Civil Code of Québec, in 1994, things can get dicey.
In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994. A professional with experience in co-ownership law is qualified to do so. It is better to invest in rewriting your declaration of co-ownership, rather than getting tangled in costly litigation, the result of which is sometime uncertain.
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Having worked for ten years in notarial practice, this experience allowed him to gain a good understanding of the expectations of co-owners and directors in the interpretation of their declaration of co-ownership. Its services also include the rewriting of the declaration of co-ownership to bring into compliance the stipulations of the declaration of co-ownership with the public order provisions of the Civil Code of Quebec.
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The building, built in 1938, had undergone major renovations for a four-unit co-ownership conversion. According to the company's administrator, the flat roof of the building still had a useful lifetime of nearly 7 years. However, no studies were carried out on its condition and the characteristics of the building prevented buyers from verifying it. In addition, the vendors had no documentation regarding the last roof repairs.
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