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Person who holds, under a lease agreement, the right to use a private portion (e.g. an apartment or a parking space) and the other rights of use attached thereto (e.g. the swimming pool or the training room) in consideration of the payment of an amount of money, i.e. the rent. His rights are limited to those available to the co-owner-lessor. The by-laws of the immovable are enforceable against the lessee, upon his being given a copy of the by-laws and of its amendments by his co-owner-lessor or, failing the co-owner-lessor doing so, by the syndicate. The lessees are subjected to the same legal rules as the co-owners.
12/02/2015
Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct…...
16/07/2019
Over time, there is several maintenance or improvement work that require the Syndicate to access Private Portions, and even sometimes, work to be executed inside Private Portions. In order that such crucial work for the Syndicate of co-owners not be obstructed, Article 1066 of the Civil Code of Québec provides…...
20/05/2024
With the increasing presence of tenants in divided co-ownership buildings, it is essential for all stakeholders to fully understand the issues related to insurance coverage. Unlike in other countries, Quebec law does not require tenants to purchase “home insurance”, which would cover their belongings and civil liability in the event…...
16/05/2024
A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of…...
04/05/2024
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…...
02/04/2024
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…...
17/07/2020
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…...
01/04/2023
In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact…...
24/06/2022
Je suis propriétaire locateur d'unités de condo. Le syndicat de la copropriété a voté récemment un règlement pour facturer au propriétaire des frais lorsqu'un locataire emménage ou déménage. Bien que ces frais soient élevés, est-ce qu'un recours pourrait être possible si toutefois ces frais augmentaient au point d'être abusif (disons…...
18/09/2021
In recent years, there has been a trend towards renting units held in divided co-ownership in large urban centres as well as in resort centres. Although renting a property is a recognized right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of…...
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09/08/2022
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…...
11/10/2020
Comment gérer le locataires d'une copropriété? Quels sont les devoirs d'un copropriétaire bailleur? Est-ce que les administrateurs peuvent intervenir, afin de rappeler à l'ordre des locataires qui ne respectent pas le règlement de l'immeuble? Cette webradio répond à toutes ces questions, et à bien d'autres....
05/09/2020
Un nouveau règlement entré en vigueur le 1er mai 2020 fait en sorte que dorénavant, si la déclaration de copropriété est muette à propos de la location de type hôtelière (par exemple Airbnb), un copropriétaire devra demander la permission au conseil d'administration, s'il veut s'adonner à cette activité dans son…...
09/08/2022
January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division. This case established that a co-owners-lessor can…...
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09/08/2022
A co-owner has repeatedly caused several water damages in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance. Question: Can the board of directors claim the full amount from the co-owner who caused the loss?...
12/08/2017
The members of the board of directors play a key role in the co-ownership: they must be involved in the life of the building to ensure the proper management of the co-ownership and the well-being of the co-owners. Usually appointed by the Meeting of the co-owners, the director is a…...
14/01/2017
The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...
09/08/2022
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…...
28/02/2011
One of the essential moments of co-ownership is undoubtedly that of the meeting of co-owners. It is during this meeting that major decisions of the co-ownership are voted, such as the carrying out of certain works, the sale of a common portion and the modification of the declaration of co-ownership.…...
04/10/2010
The purchase of a condo leased to a third party is a frequent occurrence in the resale market. Save for an agreement to the contrary, nothing prohibits a co-owner lessor from selling and a purchaser of purchasing an apartment even though the tenant wishes to continue to reside in it.…...