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Our condo manager offers rental management services to investor co-owners who own apartments in our building. These owners give proxies to our manager to vote on their behalf at meetings of co-owners, while he acts as presiding officer. We believe this is a conflict of interest. How do I fix it? Investor co-owners can give proxies to whomever they want. Therefore, their rights cannot be restricted. Question: Is the solution found in the drafting of…...
Our Board of Directors considers entrusting part of the administrative management of the syndicate to an external manager. In order to reduce the risk of fraud, a criminal history certificate is included in our selection criteria. Also, proof of liability insurance from the manager is verified so that it is sufficient in the event of errors or omissions on his part. Another selection criterion is a manager who is a member of the Ordre des administrateurs…...
With the rise of electric vehicles, many condominium associations are questioning the safety of parking them in indoor garages, due to the greater fire risks associated with lithium batteries. Some boards of directors are even considering banning access to them altogether. Questions: But is such a ban legal? Would an amendment to the declaration of co-ownership be necessary and possible to restrict this right? Can the board of directors impose this restriction or is a…...
At our last annual co-owner's meeting, the board of directors informed us that it was going to take $10,000 from our contingency fund to set up a self-insurance fund. To justify their decision, the directors said that this will allow to avoid putting up a special assessment. Several co-owners seemed to agree. Question: Can the board unilaterally decide to use part of the sums accumulated in the contingency fund to set up a self-insurance fund without…...
Our declaration provides for the payment of co-ownership fees by twelve post-dated checks. With the arrival of an external manager, two methods are now offered: direct debit (with authorization from the co-owner) or payment by post-dated checks. Three co-owners refuse these options and demand to pay by bank transfer, as before. Questions: Does the board of directors have the power to refuse the bank transfer? Can we require that payments be made only by direct…...
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We are concerned about the comings and goings of strangers in our building. This concern is all the more justified by the fact that some of our co-owners rent without right, for short periods, to travelers (Airbnb-type rental). Question: Can the Board of Directors ask to see a tenant's id in order to certify that he is who he claims to be? ...
For several years, one or more wasp nests have been housed in the façade of our building. Two co-owners use cheap products to eliminate them, with no conclusive long-term results. I want to hire a professional exterminator to eradicate the problem. Question: Who is responsible for removing wasp nests if only one co-owner is inconvenienced? ...
Question: Our declaration of co-ownership states that exterior windows, incorporated into the walls, are common portions for restricted use. However, the windows of my apartment are heavily foggy, a multitude of water droplets accumulate during the night and hinder the view. A glazier told me that the cause of this problem is a failure in the sealing of the thermos glass itself. The directors claim that the costs of replacing the thermos are borne by…...
As president of the board of directors, I would like to address the matter of dryer duct maintenance. To prevent lint buildup, ensure the safety of residents, and maintain the efficiency of the ventilation systems, it is recommended to clean these ducts every two or three years. My question is as follows: should these costs be covered individually by each co-owner for the ducts linked to their respective units, or should they be included in…...
During our last annual meeting, the board of directors presented the projected budget for the upcoming year, which included a significant increase in common expenses due to major elevator compliance work planned for the year. Although several co-owners strongly opposed this decision, the budget was nevertheless adopted without proper consultation. I truly felt that, during this meeting, the will of the majority of co-owners was not properly considered. Question: What is the power of the co-owners…...
