Syndicate

Questions & Answers

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Are we required to hold co-owners' meetings?

Our co-ownership consists of a small building with only three units. We don’t really feel the need to meet this year since there is nothing noteworthy to discuss, and we often talk informally in front of the building. Everything seems to be going smoothly. My neighbor, however, suggests that we should respect certain formalities by organizing an official co-owners' meeting. Personally, I find this exercise entirely unnecessary. Question: Is it possible not to hold a meeting…...

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Who has to pay for common expenses for unsold apartments?

We purchased an apartment in a new condominium with over 100 units. While some units are occupied, many units, garages, and storage spaces remain unsold. During the special transitional meeting, I was elected as a director. Faced with our responsibilities, we demanded that the developer pay the common expenses related to the unsold units, just like other co-owners. However, the developer claims they are not obligated to do so and argues that these charges should be…...

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Should co-ownership directors be paid?

Our directors would like to be paid, arguing that their duties require significant time and energy. However, our current budget does not allow for such an expense. During the last meeting, one director stated that it was unreasonable to take on these responsibilities voluntarily and claimed that the syndicate has a legal obligation to pay its directors. Questions: Is it true that the law requires co-ownership syndicates to pay their directors? What would you recommend in this…...

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Can common portions be sold?

At our most recent co-owners’ meeting, the president of the board of directors proposed selling a portion of the land located in the backyard of our building. He explained that the proceeds from the sale could be used to replenish the reserve fund, which, according to him, is currently insufficient to cover the anticipated future costs of major repairs and replacements of the common portions. Questions: Could you confirm whether such a sale is legally…...

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No one wants to be a director

In our co-ownership, consisting of 6 apartments, a significant issue has arisen: it is nearly impossible to appoint, among the co-owners, the three administrators required by our declaration of co-ownership. This lack of involvement heavily impacts the day-to-day management of the building and creates tensions among the co-owners. Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible, in such a case,…...

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The Board declares my dog “harmful”

I adopted my dog many years ago, and he is much more than just a pet—he is part of my family. However, to my surprise, the board of directors of my co-ownership decided at their last meeting that he would now be considered a "harmful animal". This decision was imposed on me without prior notice or the chance to defend myself. The board is now requiring me to give him up. Question: What are my rights…...

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What does the word "varia" or "miscellaneous items" mean?

  During our last co-owners' meeting, an unexpected debate arose between some co-owners and the meeting chair. As the agenda was nearing its end, one co-owner spoke up to propose adding an item under the "varia" section. He wanted to discuss the modernization of our entrance hall, a topic he considered important but which had not been included on the agenda. The chair then reminded everyone that the "varia" section allowed for the discussion of…...

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Board of Directors: Is it mandatory?

We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same question when the syndicate entrusted the management of the immovables to a professional manager: was there still a need to keep a board of directors?…...

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Co-ownership in difficulty: What to Do?

I am a new owner in a small co-ownership. The directors are volunteers. I am wondering about the most effective way to raise awareness among co-owners and directors about the importance of complying with our declaration of co-ownership and recent legislative changes. My goal is to address this delicate issue without provoking hostile reactions or conflicts. It is important to know that the accumulated funds in the contingency fund are insufficient. Only 5% of the…...

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What percentage of votes is required to convene a meeting: 10% or 20%?

Question: According to article 352 of the Civil code of Quebec, the co-owners, if they represent 10% of the votes, may require the directors or the secretary to call an annual or special meeting by specifying, in a written notice, the matters to be dealt with therein. However, our declaration of co-ownership indicates that to request such a convocation, it is necessary to obtain 20% of the votes. Does our declaration of co-ownership take precedence…...

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