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Natural person, usually designated by the developer under the terms of the declaration of co-ownership (by-laws of the immovable), to act as sole director of the syndicate. This person assumes the tasks assigned to the board of directors, generally from the publication of the declaration of co-ownership. This person acts until the election of a new board of directors, which must take place during the special transitional general meeting.
18/09/2024
I am the co-owner of a new condo. Other owners and I have recently discovered cracks in the foundation of the building, as well as water infiltration in the garage. The developer is mute, and we have not yet transferred the administration. Question: Should we refuse to elect our first…...
23/07/2024
The relevant information of co-ownerships must be declared with the “Registraire des entreprises du Québec” (the Québec Enterprises Registrar). This declaration is intended to render accessible essential information, either to the public or enterprises that deal with the syndicate of co-owners. Furthermore, at the start-up of a syndicate, the Board of Directors must file –…...
23/07/2024
Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the…...
23/07/2024
The presence of a Board of Directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate. When a co-ownership is newly constituted, the declaration of co-ownership generally provides for the appointment of a interim director, who exercises…...
23/07/2024
Section 339 of the Civil Code of Quebec establishes as a basic rule that the term of office of a director is one year. The By-law of the immovable usually describe all the terms and conditions specific to the office of director, including the duration of his mandate. Thus, a syndicate of co-owners may,…...
23/07/2024
The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to…...
22/07/2024
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
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01/07/2024
The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...
04/12/2023
Optional guarantee plans are sometime offered, for buildings not covered by the Guarantee plan for new residential buildings (compulsory guarantee plan). This form of guarantee is intended for those buildings comprising five or more superimposed private portions , and buildings renovated and converted into co-ownership (such as: abandoned factories, schools…...
01/03/2022
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…...
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09/08/2022
Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December. Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership…...
10/12/2019
Cette chronique vous est proposée par Garantie de construction résidentielle 10 décembre 2019 — Garantie de construction résidentielle (GCR) publiera dorénavant des chroniques sur Condolegal.com, afin d’aider les consommateurs à poser les bons gestes lorsqu’ils achètent un condo. Le premier sujet traitera de l’avis de fin des travaux des parties…...
09/08/2022
As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors. However, this director has not reported on his administration since the publication…...