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23/04/2024
Law 122 was adopted in 2013, making facade inspection by an engineer or architect mandatory for certain types of buildings. Despite this, it is surprising to note that many building owners still seem to be unaware of these regulations, or even deliberately neglect them. Why is there still so much hesitation about this inspection which could prevent disasters? In this column, I will explain the importance of inspecting the facades of a building and the reasons given by certain co-owners to avoid having it carried out....
06/04/2024
Ensuring the longevity of a co-ownership building requires ongoing vigilance, especially when it comes to the maintenance and repair of common areas. These responsibilities, which fall to the board of directors, are crucial for the building's longevity. Among these, caulking holds a preeminent place. This delicate operation is vital for effectively countering recurrent water infiltration problems, thus ensuring the building's waterproofing and preserving its structural integrity. Therefore, rigorous maintenance is indispensable....
04/04/2024
April 4, 2024 — Public and private pools rely on proper water chemistry to function adequately, ensuring they are safe for swimmers. Chlorine is the main disinfectant used, which has faced criticism in recent years due to concerns about it being carcinogenic. These claims are unfounded when it is properly dosed. Complaints about excessive chlorine levels are common in shared properties, whether in a swimming pool or a hot tub. This leads to a chemical imbalance in the water, making chlorine extremely aggressive, not only causing irritation to the skin and eyes but also prematurely wearing out swimsuits. However, when used according to standards, chlorine is effective and does not cause inconvenience. To ensure this, regular analysis of chlorine as well as checking the pH, alkalinity, and water temperature is essential....
28/03/2024
Mon équipe et moi avons récemment été sollicités pour intervenir au sein de la copropriété Alouette*. En effet, cette copropriété s’était vu refuser son renouvellement d’assurance et avait besoin d’être redressée : une vraie catastrophe ! Rendus sur les lieux, on pouvait comprendre la décision de l’assureur : la négligence et le déficit d’entretien étaient assurément élevés. Dans cette chronique, je plongerai dans les détails des problématiques trouvées dans cette copropriété et proposerai un plan de match pour permettre à celle-ci de renouveler son assurance le plus rapidement possible. *Nom fictif pour garder l’anonymat de la copropriété concernée...
25/03/2024
For real estate transactions involving a divided co-ownership, one might assume that the parties only include the seller, the buyer, their respective real estate brokers and the notary who will finalize the transaction at the end of the process. However, the syndicate of co-owners also plays a key role in the transaction. By fulfilling their obligations, the board will allow the promisor to obtain all relevant information to make their decision, and the parties to the transaction can ensure that the promisor is able to give enlightened consent....
10/03/2024
The Goods and Services Tax (GST) and the Quebec Sales Tax (QST) are collected in Quebec on the sale of most goods and services. The application of the Excise Tax Act (Part IX) and the Act respecting the Québec sales tax in respect of expenses incurred by a syndicate of co-owners and the contributions to common expenses it receives from co-owners is a very complex subject. Before registering for the GST and QST files, a syndicate of co-owners has every interest in consulting a tax professional. That said, the question remains: in what situation must a syndicate of co-owners charge GST and QST to a co-owner on his common expenses (condo fees)?...
26/02/2024
Life in a co-ownership has its advantages. First, the cost of buying a co-ownership unit is, on average, less than a single family home. With co-ownership, certain costs—such as maintenance or building repairs—can be divided among the co-owners....
17/02/2024
While policyholders often fear fire and theft, it's actually water that takes center stage in terms of the number of claims and damages to co-ownerships. While water is a source of life, it also supports the growth of spores, fungi, and mold. Unfortunately, these fungi, delightful in a sauce, are not edible when growing on walls and are even harmful to the health of occupants, and what's more, they are excluded from insurance policies. This exclusion poses a financial challenge for co-ownership associations, lacking insurance support for repairs....
12/02/2024
In compliance with its legal obligations to preserve the building, a syndicate of co-owners is frequently called upon to retain the services of contractors over the years to carry out, among other things, conversion work in the common portions. In this regard, the directors forming the board of directors of the syndicate have the obligation to act with prudence, honesty and loyalty and in the interest of the community of co-owners, in accordance with Article 322 of the Civil Code of Québec, when awarding a construction contract to one or more contractors. With this in mind, can directors contract with a contractor who offers the syndicate a competitive price in return for a cash payment "under the table", i.e., without paying or remitting the taxes usually payable? ...
11/02/2024
February 11, 2024 - Water infiltrations, often subtle and insidious, can persist for a long time before being detected. They sometimes manifest under very specific weather conditions, and it can take years before a new infiltration occurs, as all the factors came together at that moment for the water to seep in. Identifying and acting Infiltrations refer to the penetration of water into the structures of a building, such as walls and floors. If not addressed promptly, the consequences can escalate, leading to mold, unpleasant odors, wood degradation, corrosion of metal elements, and the bursting of coatings. It is crucial for co-owners and occupants of the co-0wnership to be aware that water infiltrations do not only manifest through visible damage after heavy rains. It is important to remain vigilant for less obvious signs that might indicate the presence of recurring infiltrations, even in small quantities....