Questions / Answers - legal aspects for condominiums

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?

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?

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?

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?

A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.

A co-owner made complaints against me to the syndicate of co-ownership. I asked for a list of complaints about me to find out exactly what I am accused of. I had a refusal as an answer. Question: How can I access this information? Which form do I need to fill out? Who do I contact if the syndicate does not cooperate?

My upstairs neighbor set up bird feeder on her balcony. However, this attracts a lot of birds that make droppings on my balcony, causes an unpleasant sound noise (blue jays), and my cats who are used to going to the balcony catch the birds and eat them. Also, I fear that in the long term, we will find ourselves having problems with some rodents and / or early breakage due to droppings. For my neighbor, it is out of the question that she removes her feeders, under the pretext that it is to preserve the mental health of her cats and herself. Question: Is there a law or rule in this area, as nothing is mentioned in the declaration of co-ownership on this subject?

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?

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?