Definition : By-laws of the immovable

The second part of the declaration of co-ownership intended to govern the day to day matters in co-ownership, more particularly those related to the enjoyment, the use and the maintenance of the private and common portions. The By-Laws of the immovable establish the rules related to the operation and management of the co-ownership and the procedures for the assessment and the collection of the contributions to common expenses

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02/06/2024

Garage remote controls: How to clarify responsibilities?

As a member of the board of directors of our syndicate of co-owners, we have recently encountered cases of co-owners losing their garage door remote controls. We would like to remind everyone that, in accordance with the by-laws of the immovable, replacement costs are borne by the co-owner in case…...

Management
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28/02/2003

Amendment of the declaration of co-ownership

The declaration of co-ownership is a contract that binds all co-owners. It is generally published by the developer after the construction of the building. As for existing buildings to be converted into divided co-ownership, the owner or owners will have it published once the conversion process is completed. That said, this…...

Syndicate
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04/05/2024

Swimming pool in a divided co-ownership

The presence of a swimming pool in a divided co-ownership is a significant attraction for the building's occupants, transforming common portions into a haven of relaxation and comfort. This facility allows residents to enjoy swimming pleasures without leaving the comfort of their home. Effective management and proper use of this…...

Management
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02/04/2024

Register and archives of the co-ownership

Optimal management of a co-ownership (condominium) is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...

Management

17/07/2020

Enforcing the declaration of co-ownership

The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...

Your Rights

01/03/2024

Common expenses: allocation and collection

The co-ownership (condominium) gives rise to expenses relating to the maintenance of the common portions and the day-to-day administration of the syndicate. Administrative, maintenance, replacement, improvement or alteration expenses of the common portions are divided among the co-owners of the immovable. General common expenses are to be distinguished from particular common…...

Management
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05/02/2024

Charging stations

Electric vehicles (EV) are increasingly seen as one of the transport methods to reduce the impact of car traffic on the climate. With the effort to be made to substantially reduce Quebec's greenhouse gas emissions and to contain the increase in temperatures by the end of the century, the sale of…...

Management
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20/01/2024

Absolute majority

In co-ownership management, co-owners are tasked with making decisions on various aspects of their building that go beyond the powers granted to the board of directors. Typically, decisions within the syndicate's remit are made by a majority of the votes of co-owners present or represented at the meeting at the time…...

Syndicate

11/01/2024

Contents of the declaration of co-ownership

.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization…...

Syndicate

01/01/2024

Capsule vidéo avec Yves Joli-Coeur: La déclaration de copropriété

Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur explique en détail le concept de la déclaration de copropriété. Il s’agit d’une convention qui organise et réglemente la vie collective des copropriétaires et occupants de l’immeuble. Cette convention définit notamment leurs droits et obligations. Comme il s’agit d’un acte authentique, elle doit…...

Syndicate

30/12/2023

Declaration of co-ownership

The declaration of co-ownership is an agreement that organizes and regulates the collective life of the of the co-owners and occupants of the building. This agreement defines their rights and obligations. As it is an authentic act, it must be received by a notary. The declaration of co-ownership is often…...

Syndicate

27/12/2023

Meeting officers

The declaration of co-ownership generally contains the terms and conditions concerning the conduct of the meeting of co-owners by defining rules of procedure and the role of the meeting officers. Key figures of the assembly of co-owners, they ensure the smooth running of it. Their appointment is therefore necessary for…...

Syndicate
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07/09/2022

Guide de la réglementation en copropriété divise

La Webradio de Condolegal.com du 7 septembre 2022 a porté sur le lancement le lancement de l'ouvrage le « Guide de la réglementation copropriété divise » des juristes émérites, Me Christine Gagnon et Me Yves Papineau. Afin d’assurer un milieu de vie paisible à tous, il est primordial d’élaborer une réglementation appropriée. Il en va sans dire que la rigueur est…...

Syndicate
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21/02/2022

Management regulations: what about it?

Question: The board of directors wishes to vote on a by-law to limit the number of swimmers at the pool and to prohibit the presence of dogs in the building. Could we implement it immediately? It goes without saying that this by-law will be voted on at our next annual meeting…...

Syndicate
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15/11/2017

Quorum for holding a meeting of the board of directors

In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum. Unless the board of directors is composed of a single director, the quorum at a…...

Syndicate
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13/11/2017

Notice of the meeting and Agenda

When board members meet for a meeting, the agenda is essential so that they can deliberate effectively. It guides discussions and maintains attention on relevant topics. Board members should familiarize themselves with the issues and relevant documentation prior to the meeting. The agenda, usually prepared by the president of the…...

Syndicate

09/08/2022

Rights and remedies

Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary…...

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