Management

Questions & Answers

26 Articles

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Storage in indoor parking garages

In our co-ownership, the use of indoor parking spaces is strictly regulated for safety and proper management. Our declaration of co-ownership, in the building regulations section, states that no object other than an automobile may be stored in an indoor parking space without prior written authorization from the board of directors. It is therefore prohibited to store items, except for a bicycle when a bike rack is present at the end of the space. However,…...

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Should uninterrupted access to the elevator be guaranteed for people with reduced mobility?

In our building, we have only one elevator that may occasionally be out of service due to blackouts or power outages. We do not have a generator. Our co-ownership has 40 units, two of which are occupied by residents with reduced mobility. The purchase and installation of a generator would cost a minimum of $200,000. This proposal was presented at the last annual meeting, but the majority of co-owners do not want to pay for it.…...

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Contact info from a new co-owner, how to get them?

Questions: How can I get the contact information of a new co-owner who has never moved into the condo since the purchase? We have no information available about him (no phone number, no email address). How do I trace it?...

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Co-owners with loss of autonomy: what to do?

We are living in a worrying situation. New co-owners have just moved in and are both very old, the woman severely disabled (in a wheelchair without autonomy) and her husband spends long periods in the hospital. The ambulance comes regularly because the woman falls and sometimes spends whole nights or days immobilized on the ground before being able to call for help. We fear that this situation will worsen and that the lady, for example…...

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Can we ask to show a tenant’s identification documents?

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? ...

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Can the board of directors impose the terms of payment of common charges?

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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Can part of the money accumulated in the contingency fund be used to set up a self-insurance fund?

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…...

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Can electric vehicles be banned from the indoor garage in a co-ownership?

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…...

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Can a manager with a criminal record be hired?

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…...

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Can a condo manager be mandated to be represented at a meeting of co-owners?

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…...

Management