August 27, 2022 — On June 22, 2022, the Government of Quebec published in the Gazette officielle du Québec a regulation amending the Regulation to establish various measures in matters of divided co-ownership insurance. The by-law amends the terms and conditions for establishing the minimum contribution to the self-insurance fund of an immovable held in divided co-ownership so that a contribution bringing the balance of the fund to more than $100,000 may be reduced. Nevertheless, a syndicate of co-owners may always decide to deposit in the auto insurance fund an amount greater than this amount, and this, according to its financial forecasts.
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New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?
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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.
We would like to know what our rights are with respect to the members of the board of directors. We asked them on more than one occasion, a copy of the minutes of our last meeting of co-owners (which took place three months ago). Under article 1102.1 of the Civil Code of Quebec, the board of directors must send the co-owners the minutes of any meeting of the co-owners within 30 days of the meeting. Despite these demands, the directors turn a deaf ear. We have decided to stop paying our common expenses until we get what we are asking for. Question: But is it okay to have to make such a request every time the board does not give us a follow-up?
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We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it was flowing (rust) on my patio. Each co-owner must see to the maintenance of the balcony and patio. He mentioned to me that he was aware that it had been in this state for at least 4 years. I was afraid that the balcony would collapse this winter with the weight of the snow. We are the two signatories on the account. Therefore, I could not undertake the work on behalf of the syndicate. Questions: What can I do to require the work to be done quickly? Send him a formal notice ? I may no longer have his collaboration at all, which is already difficult.
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Life in co-ownership is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show stubbornness and narcissism by systematically trying to have indirectly what cannot be obtained directly.
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May 14, 2022 — On the night of June 24, 2021, a high-rise apartment building, located on the northern edge of Miami Beach, partially collapsed. This tragedy, which claimed nearly 100 victims, aroused fear and horror. The destruction of Champlain Towers South, a 12-storey tower built in 1981 and held in divided co-ownership, led to a class action lawsuit involving several defendants, including the developer and contractors of a nearby construction project. According to the plaintiffs, the construction of another condo tower in 2016 generated vibrations and contributed to the collapse of the building by destabilizing its foundations. Other defendants included building professionals (architects and engineers) who had been hired by the co-property, as well as the town of Surfside itself.
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May 3, 2022- The duty of maintenance and conservation of the building that falls to the administrators of a co-ownership involves one day doing business with construction contractors. Whether it is to replace the roof, renovate the entrance hall or repair brick siding and masonry, it is important to be vigilant when awarding such contracts, given their often very high costs.
To maintain the common portions of the co-ownership and ensure the preservation of the immovable, it is necessary for the syndicate to subscribe to a certain number of maintenance or construction contracts. As the representative of the syndicate of co-owners, it is the board of directors that generally has the power to subscribe to all the contracts of the co-ownership. To manage costs and determine the obligations of each, it is essential for directors to distinguish the main types of contracts. This fact sheet provides an update on the most common contracts in this area, namely the lump sum contract, the cost-plus contract and the flat-rate unit price contract.
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I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of seller ? Some vendors report all costs, others report only current expenses (e.g., maintenance, operation and administration expenses of common portions). These two ways of doing things can vary the amount of condo fees by 300%, which can represent significant amounts for a buyer.
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The law does not establish an exhaustive list of the duties and obligations that the members of the board of directors must assume. It is the declaration of co-ownership (constituting act of the co-ownership) and certain articles of the Civil Code of Québec which, for the most part, determine them. Furthermore, the administrators are considered to be agents of the syndicate. Directors must therefore act within the limits of the powers conferred on them by law and by the declaration of co-ownership. As such, they are required to act with care, diligence, honesty, loyalty, efficiency, fairness, and in the interest of the union.
March 21, 2022 — Condolegal.com has passed the 35,000-member milestone. Founded in 1999 by lawyer emeritus and secretary general of the RGCQ, Yves Joli-Coeur, this website has seen a rapid rise. And for good reason, since its directors and stakeholders have made many efforts, in order to make it both attractive and indispensable.
March 10th 2022 - The pre-acceptance inspection is a critical step in the process of acquiring a new property. A thorough and careful inspection is the best way to protect buyers from any unforeseen issues. In this article, we will tell you everything you need to know about the pre-acceptance inspection of the private portions and common areas of your co-owned property.
LITTLE REMINDER
