RSS condolegal 2021-10-17T09:58:25+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Rights and remedies]]> The Regulation respecting the guarantee plan for new residential buildings regulates the liability of the contractor (developer) for any problem related to the quality of the construction work. In this regard, this regulation has provided for a specific protection regime for divided co-ownership. Whether it is a private or common portion, a co-owner or the syndicate of co-ownership is entitled to ask the contractor or the administrator of the guarantee plan, namely the Residential Construction Guarantee (GCR), to carry out this work, at any time during the term of the protections.

]]>
2021-10-02T21:31:00+0000 2021-10-10T11:44:02+0000 http://en.condolegal.com/purchase/factsheets/under-sheets/3109-rights-and-remedies The Regulation respecting the guarantee plan for new residential buildings regulates the liability of the contractor (developer) for any problem related to the quality of the construction work. In this regard, this regulation has provided for a specific protection regime for divided co-ownership. Whether it is a private or common portion, a co-owner or the syndicate of co-ownership is entitled to ask the contractor or the administrator of the guarantee plan, namely the Residential Construction Guarantee (GCR), to carry out this work, at any time during the term of the protections.
<![CDATA[Residential Guarantee Plan for New Residential Buildings (mandatory)]]> In 1999, the Government of Quebec introduced a Regulation respecting the guarantee plan for new residential buildings to protect the owners of new homes and certain condominiums. This regulation, prepared in the wake of the government guidelines proposed at the Summit on the Construction Industry in Quebec in the fall of 1993, was intended to respond to consumers' concerns about the too often dubious quality of construction in the residential sector and the many frustrations they experienced while trying to assert their rights. The implementation of this regulation is the responsibility of the the “Régie du Bâtiment du Québec” (Quebec Construction Board (QCB)). Its mandatory nature distinguishes it from optional guarantee plan offered on the market.

A look at the different facets of this new home warranty plan:

]]>
2021-10-02T18:54:00+0000 2021-10-10T09:27:18+0000 http://en.condolegal.com/purchase/factsheets/under-sheets/3108-residential-guarantee-plan-for-new-residential-buildings-mandatory In 1999, the Government of Quebec introduced a Regulation respecting the guarantee plan for new residential buildings to protect the owners of new homes and certain condominiums. This regulation, prepared in the wake of the government guidelines proposed at the Summit on the Construction Industry in Quebec in the fall of 1993, was intended to respond to consumers' concerns about the too often dubious quality of construction in the residential sector and the many frustrations they experienced while trying to assert their rights. The implementation of this regulation is the responsibility of the the “Régie du Bâtiment du Québec” (Quebec Construction Board (QCB)). Its mandatory nature distinguishes it from optional guarantee plan offered on the market. A look at the different facets of this new home warranty plan:
<![CDATA[Residential Construction Guarantee]]> Until December 31, 2014, the mandatory warranty plan was administered by various organizations associated with the builders' associations, namely The APCHQ's New Home Warranty, The Abritât Guarantee Inc. and Qualité Habitation. In order to eliminate any appearance of conflict of interest, the Regulation respecting the guarantee plan for new residential buildings has been amended. Thus, the government constituted a regulatory framework allowing the creation of a new single joint body in this area, which would be made up, in part, of as many consumer representatives as manufacturers.

]]>
2021-10-02T18:05:00+0000 2021-10-09T10:02:53+0000 http://en.condolegal.com/purchase/factsheets/under-sheets/3107-Residential-Construction-Guarantee Until December 31, 2014, the mandatory warranty plan was administered by various organizations associated with the builders' associations, namely The APCHQ's New Home Warranty, The Abritât Guarantee Inc. and Qualité Habitation. In order to eliminate any appearance of conflict of interest, the Regulation respecting the guarantee plan for new residential buildings has been amended. Thus, the government constituted a regulatory framework allowing the creation of a new single joint body in this area, which would be made up, in part, of as many consumer representatives as manufacturers.
<![CDATA[Civil liability of a director ]]> The civil liability of a director for the tasks incumbent upon him is largely unrecognised. It should be noted that failure to act with prudence, diligence, honesty and loyalty in the performance of his duties may engage his personal liability. A director must always keep in mind the interest of the co-owners' community. Thousands of Quebecers who sit on an annual basis on a Board of Directors, such as yourself perhaps, are unaware of this reality.

]]>
2021-09-19T08:37:00+0000 2021-09-19T12:02:32+0000 http://en.condolegal.com/syndicate/factsheets/under-sheets/3097-civil-liability-director The civil liability of a director for the tasks incumbent upon him is largely unrecognised. It should be noted that failure to act with prudence, diligence, honesty and loyalty in the performance of his duties may engage his personal liability. A director must always keep in mind the interest of the co-owners' community. Thousands of Quebecers who sit on an annual basis on a Board of Directors, such as yourself perhaps, are unaware of this reality.
<![CDATA[Right to rent a condo]]> Question: I would like to know if it is still legal to rent a condo? Can the syndicate of co-owners, at its sole discretion, prevent such a thing? What are my rights?

]]>
2021-09-18T12:50:00+0000 2021-09-20T13:47:20+0000 http://en.condolegal.com/your-rights/questions-answers/3096-right-to-rent-a-condo Question: I would like to know if it is still legal to rent a condo? Can the syndicate of co-owners, at its sole discretion, prevent such a thing? What are my rights?
<![CDATA[Harassment and co-ownership]]> Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy and interferes in his privacy can be particularly irritating and even embarrassing. If he comes to photograph him when he walks through the common portions, monitors all his comings and goings or installs a surveillance camera in the corridor pointing towards his front door, then there is an illegitimate invasion of his privacy. Such serious conduct can be considered psychological harassment, in that it seriously harms the person who is the victim.

]]>
2021-08-26T10:55:00+0000 2021-09-27T19:01:43+0000 http://en.condolegal.com/your-rights/factsheets/3089-harassment-co-ownership Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy and interferes in his privacy can be particularly irritating and even embarrassing. If he comes to photograph him when he walks through the common portions, monitors all his comings and goings or installs a surveillance camera in the corridor pointing towards his front door, then there is an illegitimate invasion of his privacy. Such serious conduct can be considered psychological harassment, in that it seriously harms the person who is the victim.
<![CDATA[Fund accounting]]> A syndicate of co-owners has the obligation to account for its operations by funds. The Civil Code of Québec requires the creation of a general fund, a contingency fund and in April 2022, the creation of the self-insurance fund. The creation of the early self-insurance fund is recommended. The general fund for current operations is also sometimes referred to as an administration fund or an administration fund.

]]>
2021-08-22T18:41:00+0000 2021-10-04T11:17:49+0000 http://en.condolegal.com/management/chronicles/aline-desormeaux/3088-fund-accounting A syndicate of co-owners has the obligation to account for its operations by funds. The Civil Code of Québec requires the creation of a general fund, a contingency fund and in April 2022, the creation of the self-insurance fund. The creation of the early self-insurance fund is recommended. The general fund for current operations is also sometimes referred to as an administration fund or an administration fund.
<![CDATA[Are the condominiums ready when the vaccination passport arrives?]]> August 21, 2021 - As of September 1, the vaccination passport will apply to certain activities deemed non-essential throughout Quebec. Bars, restaurants and gyms will be particularly affected by this measure. However, many wonder about such a mesure with regard to meetings of co-owners and meetings of the board of directors held face-to-face.

]]>
2021-08-22T01:02:00+0000 2021-09-25T11:47:07+0000 http://en.condolegal.com/syndicate/news/3087-co-ownership-vaccine-passport August 21, 2021 - As of September 1, the vaccination passport will apply to certain activities deemed non-essential throughout Quebec. Bars, restaurants and gyms will be particularly affected by this measure. However, many wonder about such a mesure with regard to meetings of co-owners and meetings of the board of directors held face-to-face.
<![CDATA[CONDO TRAINING: EVERYTHING YOU NEED TO KNOW]]> August 8, 2021 — As part of its Continuing Education Program, the Organisme d'autoréglementation du courtage immobilier du Québec(OACIQ) offers real estate brokers comprehensive training to enable them to acquire or develop knowledge in the field of co-ownership. This training is the result of a partnership with the lawyer emeritus Yves Joli-Coeur of the law firm and notaries of Therrien Couture Joli-Coeur. A pioneer lawyer in the field of divided co-ownership in Quebec, Me Joli-Coeur has set up the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), of which he is the founder and secretary general. In 2009, he received the honorary distinction of Lawyer Emeritus (Ad. E.) for having been one of the lawyers who contributed the most to the reflection in the field of co-ownership law in Quebec.

]]>
2021-08-08T10:10:00+0000 2021-08-09T20:29:25+0000 http://en.condolegal.com/your-rights/news/3086-condo-training-everything-you-need-to know August 8, 2021 — As part of its Continuing Education Program, the Organisme d'autoréglementation du courtage immobilier du Québec(OACIQ) offers real estate brokers comprehensive training to enable them to acquire or develop knowledge in the field of co-ownership. This training is the result of a partnership with the lawyer emeritus Yves Joli-Coeur of the law firm and notaries of Therrien Couture Joli-Coeur. A pioneer lawyer in the field of divided co-ownership in Quebec, Me Joli-Coeur has set up the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), of which he is the founder and secretary general. In 2009, he received the honorary distinction of Lawyer Emeritus (Ad. E.) for having been one of the lawyers who contributed the most to the reflection in the field of co-ownership law in Quebec.
<![CDATA[Felling a tree in the common portions]]> arbres.quebecQuestion: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not having voted on this decision at the meeting of co-owners. Is he right?

]]>
2021-08-07T20:53:00+0000 2021-08-19T19:32:23+0000 http://en.condolegal.com/syndicate/questions-answers/3085-felling-tree-common-portions Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not having voted on this decision at the meeting of co-owners. Is he right?
<![CDATA[Choosing the Right Contractor for Your New Condo]]> 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.

]]>
2021-07-27T15:44:00+0000 2021-10-02T18:02:30+0000 http://en.condolegal.com/purchase/chronicles/GCR-GCR/3082-contractor-new-condo 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.
<![CDATA[GCR and Divided Co-Ownership in Quebec]]> 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.

]]>
2021-07-13T14:50:00+0000 2021-07-20T22:36:17+0000 http://en.condolegal.com/your-rights/chronicles/GCR-GCR/3078-GCR-divided-co-ownership 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.
<![CDATA[How to deal with co-ownership non-voting]]>

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").

]]>
2021-07-04T14:57:00+0000 2021-09-30T09:15:29+0000 http://en.condolegal.com/syndicate/questions-answers/3076-abstention-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").
<![CDATA[Does the concept of vested right acquired by tolerance exist in co-ownership?]]> 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

]]>
2021-06-14T10:22:00+0000 2021-06-17T14:49:16+0000 http://en.condolegal.com/your-rights/questions-answers/3069-vest-right-co-ownership 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
<![CDATA[Prohibit dogs in a 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.

]]>
2021-06-08T12:57:00+0000 2021-07-02T12:00:17+0000 http://en.condolegal.com/syndicate/questions-answers/2314-prohibit-dogs-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.
<![CDATA[The Independent Claims Adjuster: an ally for any syndicate of co-owners]]>

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.

]]>
2021-06-08T01:09:00+0000 2021-09-21T11:08:09+0000 http://en.condolegal.com/insurance/chronicles/mathieu-sirois-expert-en-sinistre/3066-independent-claims-adjuster 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.
<![CDATA[Mathieu Sirois, claim ajuster]]>

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.

]]>
2021-06-06T23:13:00+0000 2021-06-08T19:57:12+0000 http://en.condolegal.com/condolegal/chroniclers/3065-mathieu-sirois-claim-ajuster 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.
<![CDATA[Co-owner's liability insurance certificate]]> 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?

]]>
2021-05-29T09:48:00+0000 2021-06-20T18:31:41+0000 http://en.condolegal.com/insurance/questions-answers/3057-co-owner_s-liability-insurance-certificate 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?
<![CDATA[Sale: Request for information on co-ownership]]> Fausses déclarations sur le questionnaire des symptômes de la COVID 19:  peine capitale confirmée en arbitrage

As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions: We want to know:

  • If we are entitled to charge a fee to take care of these files?
  • If so, what is the amount considered reasonable?
  • Should we proceed by adding to the by-law of the building?
  • If so, can we proceed by a majority vote or simply by decision of the Board of Directors?
]]>
2021-05-28T11:15:00+0000 2021-06-20T18:56:46+0000 http://en.condolegal.com/purchase/questions-answers/3055-request-information-on-co-ownership As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions: We want to know: If we are entitled to charge a fee to take care of these files? If so, what is the amount considered reasonable? Should we proceed by adding to the by-law of the building? If so, can we proceed by a majority vote or simply by decision of the Board of Directors?
<![CDATA[Co-ownership claims adjuster]]> 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.

]]>
2021-05-24T20:17:00+0000 2021-06-26T13:20:01+0000 http://en.condolegal.com/insurance/factsheets/3053-co-ownership-claims-adjuster 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.