Syndicate

Questions & Answers

40 Articles

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Email addresses of the co-owners

When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In…...

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Presumed mandate of undivided asssembly (Initial co-ownership)

Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal co-ownership? And if so, what would be the impact on representativeness at the general meeting of the horizontal co-ownership (AGM)?  For example, could a few co-owners of a vertical co-ownership act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical co-ownership AGM?...

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Recording of the proceedings of a meeting of co-owners

The meeting of the co-owners was registered with the permission of the co-owners. Questions: As a co-owner, do I have the right to get a copy of the registration? Could the syndicate refuse me that? If so, why?...

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Prohibit dogs in a co-ownership

For the respect and tranquility of all the occupants of our building, we wish to ban dogs. Question: Are we entitled to do so?   Answer: There is no legislation in Quebec that formally prevents a syndicate of co-owners from including in the declaration of co-ownership a clause prohibiting the possession of a dog in the building. It is one thing to prohibit such an animal inside the private portion of a co-ownership. But it…...

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arbres.quebec
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Felling a tree in the common portions

Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not…...

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Submit a resolution for a vote

Question: Some of the co-owners in our syndicate want to put a resolution to a vote at our next annual meeting. What are the steps to follow? Do we have to send the text of our draft resolution to the board of directors in advance, or can we do that during the meeting? Is there a special legal procedure to follow? At the time of the meeting, if certain corrections need to be made to…...

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What are the conditions for submitting a candidacy as a director?

Questions: I need to confirm if there's a specific deadline for submitting a candidacy as a director, particularly if a co-owner can nominate themselves during the annual assembly. Additionally, is it possible for board members to implement a rule prohibiting nominations on the evening of the co-owners' meeting? Understanding these aspects is crucial for maintaining a transparent and orderly nomination process. This knowledge will help ensure that all potential candidates have a fair chance to…...

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Virtual meeting: Compliance with the Act

The Board of Directors has opted for an online annual meeting of co-owners. However, the platform used restricts interactions between participants by not allowing camera activation, chat, or any other form of communication between them. Only the President of the Assembly has access to the questions asked and grants the floor. I raised this issue with the administrators, arguing that this method may not comply with article 1088.1 of the Civil Code of Québec, which…...

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Family conflicts upon the death of a co-owner

We have just learned that one of our co-owners has passed away. Her children are in conflict over who should inherit the apartment. This situation has created confusion regarding the legal representation of the deceased co-owner. We have even received letters from their lawyers claiming the right to vote at the next co-owners' meeting. Questions: How should we handle this family dispute? Should we wait for this conflict to be resolved before sending the meeting…...

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Do directors have to sign a confidentiality agreement?

I have just been elected to the board of directors of my condominium. I realize that, as part of my duties, I receive information and documents on co-owners that are extremely confidential. This is the case, in particular, for the health problems of a co-owner. The latter cannot evacuate the building by its own means in the event of a fire and requires the assistance of firefighters in such circumstances. I also have access to…...

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