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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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. On 31 March 2023, this new legislative framework will enter into force and introduce 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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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.
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 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.
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.
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.
January 27, 2023 - The Mayor of Montréal, Valérie Plante, made a commitment on September 23, 2019, before the heads of state and government meeting in New York, to reduce the Montréal community's greenhouse gas (GHG) emissions by 55% by 2030 compared to their 1990 level. To become carbon neutral by 2050, the City of Montréal adopted the By-law concerning greenhouse gas emission disclosures and ratings of large buildings (21-042). The objective is to know the use of fossil fuels in buildings in order to reduce consumption. This regulation, which came into force on October 4, 2021, requires owners of large buildings to disclose the sources and amounts of energy their buildings use. By June 30 of each year, a declaration of such disclosure must be filed.
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I have been a member of the board of directors of our co-ownership for ten years. We have in our building two families who have recently moved in with small children. Since then, some elderly co-owners have complained about the noise generated by crying, moving furniture and the noise of scooters. They called the police to report a situation they consider unacceptable. The police refused to receive their complaint on the grounds that the debate is civil in nature. These co-owners want us to intervene to stop everything. They propose that a formal notice be sent to them. This seems excessive and expensive to us. Question: What should we do?
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Under the Charter of Human Rights and Freedoms, adisabled co-owner is asking us to install four automatic door openers in the common portions, two of which have a remote-controlled joystick. This co-owner told us that a significant portion of the installation costs would be covered by the Home Adaptation Program of the Société d'habitation du Québec (SHQ). However, when it was purchased, more than two years ago, this co-owner was already in a wheelchair. He must have been aware that the building was not suitable for his condition. Knowing that the costs for the installation of these automatic door openers will far exceed the amounts allocated by the grant, not to mention the inspections and maintenance afterwards, we find that the financial impact for our co-ownership is excessive and unreasonable. Question: Under the circumstances, are we required to accept his request, or can we refuse it?
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Due to covid, the board of directors of our building has held the meeting of co-owners on a ZOOM platform for the past two years. Despite this trouble shooting option, the result was unsatisfactory overall. Today, the co-owners are preparing a petition for the board of directors to return for the next annual meeting scheduled for the end of two months, in the usual format, a face-to-face meeting.
Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment. None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility and who is the owner of an indoor parking space not adapted to his needs. Question: Is there a law that would allow this co-owner with reduced mobility to request a change of parking space?
According to article 477 of the Code of Civil Procedure, the syndicate has the obligation to notify the co-owners of the subject of a legal claim to inform them, within five days of receipt of the notification. However, I sent a notice of arbitration to the directors by registered mail. I then forwarded the notice with the proof of receipt to a Mediation and Arbitration Centre. Question: Does a notice of arbitration fall into this category?
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January 8, 2023 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.
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December 31, 2022 - Co-ownership law is booming and is currently undergoing a major reform. But what about tacit changes to the declaration of co-ownership and the by-laws of the immovable? For example, if a co-owner has been using unused space in the garage for more than ten years to store his personal belongings, does he have the right to use it indefinitely? Will the person who eventually purchase their unit also be able to use this space to store their belongings?
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