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RSS condolegal 2021-05-13T04:10:25+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Updating declaration of co-ownership : is it realy necessary?]]>

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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2021-04-26T00:57:00+0000 2021-04-26T18:15:45+0000 http://en.condolegal.com/syndicate/chronicles/eva-daraghi-notaire/3027-updating-declaration-of-co-ownership-is-it-realy-necessary 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. <![CDATA[Updating declaration of co-ownership ]]>

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In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994.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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2021-04-25T13:29:00+0000 2021-04-26T08:32:54+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/569-updating-declarations-of-co-ownership 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. <![CDATA[Updating declaration of co-ownership (Offer of services)]]>

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2021-04-25T12:35:00+0000 2021-04-25T12:37:37+0000 http://en.condolegal.com/condolegal/offer-of-services/3020-updating-declaration-of-co-ownership 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. <![CDATA[Eva Daraghi, Notary]]>

Eva Daraghi Notaire INC added a... - Eva Daraghi Notaire INC

Eva practices in real estate law, co-ownershipnlaw, commercial and corporate law as well as estate law. She holds a degree in mediation and prevention and the resolution of various and accredited mediators of the Institut de médiation et d'arbitrage du Québec (Quebec Institute of Mediation and Arbitration). Over the course of her career, she has distinguished herself in the field of real estate law and co-ownership.

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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2021-04-25T10:51:00+0000 2021-04-28T14:32:12+0000 http://en.condolegal.com/condolegal/chroniclers/3026-eva-daraghi-notary Eva practices in real estate law, co-ownershipnlaw, commercial and corporate law as well as estate law. She holds a degree in mediation and prevention and the resolution of various and accredited mediators of the Institut de médiation et d'arbitrage du Québec (Quebec Institute of Mediation and Arbitration). Over the course of her career, she has distinguished herself in the field of real estate law and co-ownership. 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. <![CDATA[Disclosure obligations of the seller and the real estate broker]]>

A recent judgment of the Court of Québec, Small Claims Division, sanctioned a company and one of its directors, who also acted as real estate broker, for not allowing buyers to adequately understand an important aspect of the property sold.

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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2021-04-21T19:10:00+0000 2021-04-22T12:36:05+0000 http://en.condolegal.com/purchase/news/3023-disclosure-obligations-of-seller-and-real-estate-broker A recent judgment of the Court of Québec, Small Claims Division, sanctioned a company and one of its directors, who also acted as real estate broker, for not allowing buyers to adequately understand an important aspect of the property sold. 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. <![CDATA[Proxies (Power of attorney) in co-ownership meeting]]>

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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2021-04-17T14:48:00+0000 2021-04-25T10:55:56+0000 http://en.condolegal.com/syndicate/chronicles/eric-lecours-notaire/3018-proxies-power-of-attorney-in-co-ownership-meeting 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? <![CDATA[Disposal of a common-use parking area for restricted use: how to do it?]]>

Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing the private part (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private part?

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2021-04-16T10:51:00+0000 2021-04-26T02:32:49+0000 http://en.condolegal.com/purchase/questions-answers/3016-disposal-common-use-parking-area-for-restricted-use-how-to-do-it Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing the private part (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private part? <![CDATA[Co-ownership insurance: certain provisions come into force]]>

April 15, 2021 — The Government of Quebec published in the Official Gazette of Quebec, on April 15, 2020, a by-law on divided co-ownership insurance, which clarifies the terms and dates of coming into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six elements contained in it would be passed by government regulation. For the time being, only four take effect on April15, 2021. For now, at least.

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2021-04-15T05:01:00+0000 2021-04-06T13:14:57+0000 http://en.condolegal.com/insurance/news/2896-co-ownership-insurance-certain-provisions-come-into-force April 15, 2021 — The Government of Quebec published in the Official Gazette of Quebec, on April 15, 2020, a by-law on divided co-ownership insurance, which clarifies the terms and dates of coming into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six elements contained in it would be passed by government regulation. For the time being, only four take effect on April15, 2021. For now, at least. <![CDATA[Ban smoking in co-ownership]]>

A source of permanent controversy in co-ownership, smoking arouses passions. A growing number of co-owners are complaining about neighbors who smoke. Given the abnormal neighbourhood disturbances that second-hand smoke can cause, many non-smoking co-owners want it completely banned. They worry about the effects of second-hand smoke on their health. Under the circumstances, should co-ownership syndicates banish this habit? This is not an easy question to answer. Easier said than done, some will say. And they are not wrong. Here’s a look at the whole legal issue that defines smoking in co-ownerships.

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2021-03-23T22:59:00+0000 2021-04-18T19:44:28+0000 http://en.condolegal.com/your-rights/factsheets/3009-ban-smoking-in-co-ownership A source of permanent controversy in co-ownership, smoking arouses passions. A growing number of co-owners are complaining about neighbors who smoke. Given the abnormal neighbourhood disturbances that second-hand smoke can cause, many non-smoking co-owners want it completely banned. They worry about the effects of second-hand smoke on their health. Under the circumstances, should co-ownership syndicates banish this habit? This is not an easy question to answer. Easier said than done, some will say. And they are not wrong. Here’s a look at the whole legal issue that defines smoking in co-ownerships. <![CDATA[Presumed mandate of undivided asssembly (Initial co-ownership) ]]>

Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal condominium? And if so, what would be the impact on representativeness at the general meeting of the horizontal condominium (AGM)? For example, could a few co-owners of a vertical condominium act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical condominium AGM?

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2021-02-14T14:38:00+0000 2021-02-17T13:32:25+0000 http://en.condolegal.com/syndicate/questions-answers/2986-presumed-mandate-of-undivided-asssembly-Initial-co-ownership Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal condominium? And if so, what would be the impact on representativeness at the general meeting of the horizontal condominium (AGM)? For example, could a few co-owners of a vertical condominium act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical condominium AGM? <![CDATA[Construction « under the table » in co-ownership]]>

In compliance with its legal obligations to preserve the building, a syndicate of co-owners is frequently called upon to retain the services of contractors over the years to carry out, among other things, conversion work in the common portions. In this regard, the directors forming the board of directors of the syndicate have the obligation to act with prudence, honesty and loyalty and in the interest of the community of co-owners, in accordance with Article 322 of the Civil Code of Québec, when awarding a construction contract to one or more contractors.

With this in mind, can directors contract with a contractor who offers the syndicate a competitive price in return for a cash payment "under the table", i.e., without paying or remitting the taxes usually payable?

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2020-12-13T15:40:00+0000 2020-12-13T15:57:17+0000 http://en.condolegal.com/syndicate/chronicles/julie-banville/2962-construction-under-the-table-in-co-ownership In compliance with its legal obligations to preserve the building, a syndicate of co-owners is frequently called upon to retain the services of contractors over the years to carry out, among other things, conversion work in the common portions. In this regard, the directors forming the board of directors of the syndicate have the obligation to act with prudence, honesty and loyalty and in the interest of the community of co-owners, in accordance with Article 322 of the Civil Code of Québec, when awarding a construction contract to one or more contractors. With this in mind, can directors contract with a contractor who offers the syndicate a competitive price in return for a cash payment "under the table", i.e., without paying or remitting the taxes usually payable? <![CDATA[Can a director give a power of attorney?]]>

Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to participate in the meeting. Is it legal?

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2020-08-02T21:17:00+0000 2021-02-14T15:44:03+0000 http://en.condolegal.com/syndicate/questions-answers/2899-can-a-director-give-a-power-of-attorney Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to participate in the meeting. Is it legal? <![CDATA[The life lease and its consequences]]>

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.

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2020-07-20T00:45:00+0000 2021-03-12T13:00:08+0000 http://en.condolegal.com/purchase/chronicles/raphaelle-levesque/2883-life-lease-and-its-consequences 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. <![CDATA[Raphaëlle Levesque]]>

Fond of legal challenges and debates, Raphaëlle is a member of our litigation team, especially in the area of latent defects. She also practices in the areas of construction law and real estate law.

During her studies, Raphaëlle was able to expand her knowledge by working in different areas, such as in a large financial services firm and an international firm.

She also completed an academic internship with the American-Turkish Council and participated in The Washington Center program, from which she received a bursary from the Department of State Foreign Service. Raphaëlle also has an MBA, which undoubtedly gives her an edge in understanding the issues affecting our business clients.

Her passion, determination and desire to be innovative in her law practice explain why Raphaëlle is a lawyer who is particularly appreciated by both her colleagues and her clients.

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2020-07-19T12:01:00+0000 2020-07-25T12:40:14+0000 http://en.condolegal.com/condolegal/chroniclers/2879-raphaelle-levesque Fond of legal challenges and debates, Raphaëlle is a member of our litigation team, especially in the area of latent defects. She also practices in the areas of construction law and real estate law. During her studies, Raphaëlle was able to expand her knowledge by working in different areas, such as in a large financial services firm and an international firm. She also completed an academic internship with the American-Turkish Council and participated in The Washington Center program, from which she received a bursary from the Department of State Foreign Service. Raphaëlle also has an MBA, which undoubtedly gives her an edge in understanding the issues affecting our business clients. Her passion, determination and desire to be innovative in her law practice explain why Raphaëlle is a lawyer who is particularly appreciated by both her colleagues and her clients. <![CDATA[Enforcing the declaration of co-ownership]]>

The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.

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2020-07-17T15:18:00+0000 2021-03-12T12:57:24+0000 http://en.condolegal.com/your-rights/factsheets/694-enforcing-the-declaration-of-co-ownership The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate. <![CDATA[Insurances of the syndicate]]>

Your co-ownership is exposed to various risks, such as fire, water damage, theft and vandalism. When a loss occurs, the insurance of the co-ownership covers the immovable and the civil liability of the syndicate of co-owners.

The syndicate has the obligation to subscribe this type of insurance. The Law and the vast majority of declarations of co-ownership make it compulsory. The insurance contract describes the guarantees offered, their limits, exclusions, and the amounts of the deductibles.

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2020-07-17T09:00:00+0000 2021-03-14T01:25:46+0000 http://en.condolegal.com/insurance/factsheets/987-insurance-syndicate Your co-ownership is exposed to various risks, such as fire, water damage, theft and vandalism. When a loss occurs, the insurance of the co-ownership covers the immovable and the civil liability of the syndicate of co-owners. The syndicate has the obligation to subscribe this type of insurance. The Law and the vast majority of declarations of co-ownership make it compulsory. The insurance contract describes the guarantees offered, their limits, exclusions, and the amounts of the deductibles. <![CDATA[Insurance of the directors]]>

The director plays a leading role in a co-ownership. As a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business, which implies a working knowledge of the tasks related to this key function. As such, directors must act with prudence, diligence, honesty and loyalty, and never lose sight of the co-owners community interests.

The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs.

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2020-07-17T02:27:00+0000 2021-04-23T21:55:43+0000 http://en.condolegal.com/insurance/factsheets/774-civil-liability-directors The director plays a leading role in a co-ownership. As a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business, which implies a working knowledge of the tasks related to this key function. As such, directors must act with prudence, diligence, honesty and loyalty, and never lose sight of the co-owners community interests. The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs. <![CDATA[Insurance of General Meeting Officers ]]>

The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. It is the declaration of co-ownership, in the chapter By-laws of an immovable that provides the rules to be followed. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality.

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2020-07-16T02:27:00+0000 2021-04-23T21:58:14+0000 http://en.condolegal.com/insurance/factsheets/2201-liability-insurance-general-meeting-officers The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. It is the declaration of co-ownership, in the chapter By-laws of an immovable that provides the rules to be followed. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality. <![CDATA[Airbnb type rentals ]]>

The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit.

Many co-owners are unaware that this activity is prohibited in their building. Others are fully aware, but are unconcerned. However the incessant ins and outs of strangers brings its lot of disadvantages. Late and noisy arrivals, as well as departures at dawn are generally not compatible with the lifestyle sought by the resident-co-owners of the building. This practice can potentially have a negative impact on their safety.

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2020-07-15T22:00:00+0000 2020-07-18T13:43:01+0000 http://en.condolegal.com/your-rights/factsheets/2090-airbnb-type-rentals The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit. Many co-owners are unaware that this activity is prohibited in their building. Others are fully aware, but are unconcerned. However the incessant ins and outs of strangers brings its lot of disadvantages. Late and noisy arrivals, as well as departures at dawn are generally not compatible with the lifestyle sought by the resident-co-owners of the building. This practice can potentially have a negative impact on their safety. <![CDATA[Insurance of the manager]]>

The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.

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2020-07-15T02:26:00+0000 2020-07-18T20:50:55+0000 http://en.condolegal.com/insurance/factsheets/1232-CIVIL-LIABILITY-INSURANCE-MANAGER The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.