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01/03/2022

What to ask the professional accountant: a compilation engagement, a review engagement, an audit or nothing?

In theory, your co-ownership doesn't necessarily need a Chartered Professional Accountant to present its financial information, whether it's financial statements, financial forecasts or financing applications. Competent administrators or a manager could do the work and present the required financial information well. However, the need may arise if the co-owners have doubts about the work, skills or honesty of the board members. The internal reports submitted to the co-owners may also be absent or deficient....

Gestion

21/02/2022

Time limits for keeping documents in the register

February 22, 2022 - The archives of a co-ownership are a set of documents kept being able to manage the building, prove rights or testify to certain activities. I am sometimes asked for how long documents filed in the co-ownership register should be kept by the syndicate. This is a fair question, since the legislator has given no explicit directions on this subject in the Civil Code. It could be that its silence means, "You must keep everything, permanently !” As far as I am concerned, I rather lean in that direction....

Gestion

16/04/2023

Notice of loss: What is the situation?

The life of the co-ownership is not only of interest to its owners and occupants, but also to their insurers. This is all the more true since it is known to all that condominium disasters are numerous: water leak, water damages, vandalism, fire, etc. Let's go back to the basics of property insurance. The Syndicate is required to take out insurance covering  the common portions, the private portions (excluding improvements made to them) and movable property belonging to the syndicate. As for the improvements that have been made to the units, it is up to each co-owner to protect them with individual insurance, both those made by the previous owners and theirs. Finally, it is generally required (if only for the protection of co-owners) that tenants are also insured with respect to their movable property....

Assurance

29/10/2024

Housing exchange: what does the declaration of co-ownership say?

Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal aspects. Exchanging a residential property within a reciprocal framework is generally not considered a commercial activity, as long as certain rules are respected. Naturally, it all depends on the terms outlined in the declaration of co-ownership. However, a distinction must be made between the two most common types of exchanges, as their legal implications may differ. These options are detailed below...

Vos droits

22/03/2020

Failure of a syndicate to undertake work in common portions

The obligation of the syndicate of co-ownership to maintain common portions, especially those with limited use such as balconies, skylights, and other common portions, has been the subject of much discussion since 1994. In this regard, article 1039 of the Civil Code of Quebec provides that the community of co-owners constitutes, as soon as the declaration of co-ownership is published, a legal person whose purpose is the conservation of the building and the maintenance and administration of the common portions....

Vos droits

28/04/2023

Dossier Pimbina : comment prévenir les désastres ?

28 avril 2023 - Le cas de la copropriété Pimbina est une réelle catastrophe pour ses nombreux copropriétaires. Les nombreux problèmes de qualité des constructions résidentielles au Québec sont bien réels. Plusieurs acteurs de l’industrie voient depuis longtemps la fumée à l’horizon et s’époumonent à crier au feu, mais nos institutions semblent souffrir de cécité et de surdité. Au quotidien, nous aidons des copropriétés qui subissent les coûteuses conséquences de problèmes de qualité datant de la conception ou de la construction. À écouter les témoignages des représentants du syndicat de la copropriété Pimbina dans les médias, il semble bien probable que les problèmes touchant leur copropriété fassent partie de cette catégorie....

Travaux
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10/03/2024

Divided co-ownership and GST/QST

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)?...

Gestion

01/11/2023

Devenir copropriétaire : l'achat de mon futur condo

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....

Achat

09/08/2022

Cost of new construction or reconstruction: what is it?

October 3, 2021 - When it comes to determining the insurance premium based on the insurance value of a building (for insurance purposes), the broker or insurer will require his client to provide the cost of "reconstruction". Indeed, this premium is established according to the risks which are attributable to the building and the premises, but also according to the cost of reconstruction. We obviously understand that after a disaster we have to rebuild the damaged places, but the concept goes far beyond reconstruction. Indeed, the cost of reconstruction is impacted by contingencies and difficulties in restoring the inventory to its original condition. Think for example of the work involved in replacing a broken ceramic tile, on the wall or the floor, it goes without saying that this also involves the replacement of other tiles around, damaged by the work.  ...

Assurance

15/12/2022

Brokerage forms adapted to co-ownership

December 15th 2022 - When you wish to purchase a condominium unit, it is very important to obtain information not only on the private portion you would like to purchase, but also on the common portions, such as the foundation and the roof....

Achat