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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....
17/12/2023
December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of parking spaces may differ from one co-ownership to another, depending on what the declaration of co-ownership (Constituting act of the co-ownership) provides. These vehicle parking spaces are either in the basement or outside a building, and a distinction must be made between spaces designated as private portions and those that may be characterized as common portions or common portions for restricted use....
11/12/2023
We are living in a paradoxical period, marked by the dazzling progress of computer technologies, the dematerialization of data, artificial intelligence, and their intrusion into all aspects of our lives. More than ever, people are posting on social networks and talking about their most recent outings, vacations or acquisitions, when not blabbering about their moods. Regardless, privacy remains a fundamental right that must be protected, sometimes against us....
02/12/2023
December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary, the strength of his observation. This strength emerges from the relevance of the facts found. The importance of the finding remains linked to its usefulness, which is considerable. The bailiff's ascertainment is nothing more or less than a legal photograph that preserves the memory of the facts which, without this report, could fade over time....
30/11/2023
La Loi française « CLIMAT ET RESILIENCE » provoque un débat passionné parmi les professionnels immobiliers et le public concernés soit les propriétaires de logements d’habitation qui ne sont pas suffisamment isolés et vont être interdits de location ou d’augmentation de loyer tant que les travaux ne sont pas faits. Les transactions immobilières se bloquent. Les propriétaires cherchent à se débarrasser de leurs logements, mais attention ! ...
01/11/2023
L’acquisition d’une propriété constitue l’achat le plus important que nous aurons à effectuer au cours de notre vie. Au fil du temps, le marché immobilier s’est adapté aux modes de vie, aux désirs et aux aspirations des Québécois et Québécoises. En particulier, la création de la copropriété divise, en 1969, a grandement contribué à stimuler l’accès à la propriété. Au cours des cinquante dernières années, ce mode d’habitation s’est développé exponentiellement et il a su séduire des centaines de milliers de foyers. Ces projets d’habitation n’ont cessé de se multiplier sur le territoire québécois, résultat d’une économie prospère et d’un marché immobilier dynamique....