Questions / Answers - legal aspects for condominiums

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

Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December.  Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership or any co-owner act in any way to either compel the builder to complete the work or obtain compensation?

A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it. Question: What should the board do in this situation?

I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails, but they didn’t solve anything. The syndicate has been aware of this situation for a year and a half but nothing is happening. The last few weeks the situation has worsened, because we receive several times a day drops of urine and it stains the windows and the smell is always present. I have to remove my plants and herbs from the edge of the balcony. This week I made a complaint to the City, which should send the co-owner a letter. Question: If the situation persists, I would like to know what are my rights?

  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children. Question: Can our syndicate compel these smokers to install an air freshener in their apartment?

  I have been living for a year in a condo I bought in a recently built building. To my surprise, there is still no contingency fund being funded. We pay the common expenses of the immovable monthly (maintenance, snow removal, condo insurance), but no 5% of the budget contribution to "Contingency fund". Yet, a lawyer friend told me it was mandatory! Question: Is this normal?

The co-owner of the apartment below ours uses the barbecue on his balcony almost daily. The smoke and smell of grilled meat are so strong that I no longer wish to use my balcony. These fumes force me to keep my patio door and my windows closed. Question: Are there legal provisions to assert my rights?

  I am constantly disturbed by noise in my condo, because its soundproofing is deficient. The co-owners living upstairs aggravate me, because of constant barking and loud music. My next door neighbour has the same problem with her neighbors above, who have recently installed hardwood floors! Question: What are our recourses to remedy this problem?  

  Having reached 70 and a half years old, can I get a tax credit for home care support services I receive in my condo ?