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31/07/2021
December 31, 2022 – Co-ownership law is in full swing and is currently undergoing a major reform. But what about tacit modifications to the declaration of co-ownership and the building's by-laws? For example, if a co-owner has been using unused space in the garage for more than ten years to store their personal belongings, is he or she allowed to use it indefinitely? Will the person who will eventually purchase their unit also be able…...
15/06/2022
15 juin 2022- Le constat d'huissier se révèle être un outil inestimable, garantissant une impartialité et une précision inégalées dans la documentation des faits. Cette démarche méticuleuse et rigoureusement définie assure non seulement la légitimité et la fiabilité des constatations réalisées par les huissiers mais contribue également à la protection des droits et à l'administration équitable de la justice. Dans le cadre d'un constat d'huissier de justice, quelles règles s'appliquent pour les lieux et heures de constatation?...
18/03/2023
The agenda lists the questions to be voted on and the information and consultation items that will be addressed at the meeting of co-owners. The decision-making power of the meeting of co-owners is defined by the Civil Code of Québec and the declaration of co-ownership (Constitutive Act of Co-ownership). The chairman of the meeting of co-owners ensures that it runs smoothly and submits to the co-owners the proposals on which a vote must be taken.…...
01/10/2023
Conflicts in co-ownership often arise due to a lack of knowledge of the rules governing the building, but also due to a lack of communication or transparency, or because of a misunderstanding that has gone wrong. To ensure that co-ownership is synonymous with peace and peace of mind, it is best to adopt good habits from the beginning. The buyer of a condominium unit must therefore commit to accepting a very specific way of life,…...
10/10/2023
In their dealings with co-owners, board members must act with loyalty and fairness. They must refrain from any gesture that could amount to a settling of scores. This rule of conduct is fundamental and failure to comply with it constitutes a fault that may engage the liability of both the syndicate and the directors, personally. A judgment of the Court of Quebec sanctioned the abusive behaviour of members of the board of directors of a syndicate.…...
15/10/2023
October 15, 2023- The Meeting of co-owners is a major event in the life of a co-ownership. A meeting at least once a year, it is decisive since it allows the making of major decisions that impact the lives and finances of the co-owners. The board of directors' mission is to take care of the convening and holding of the meeting of co-owners but also of the execution of the decisions it votes. Decisions taken…...
02/12/2023
December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary, the strength of his observation. This strength emerges from the relevance of the facts found. The importance of the finding remains linked to its usefulness,…...
11/12/2023
We are living in a paradoxical period, marked by the dazzling progress of computer technologies, the dematerialization of data, artificial intelligence, and their intrusion into all aspects of our lives. More than ever, people are posting on social networks and talking about their most recent outings, vacations or acquisitions, when not blabbering about their moods. Regardless, privacy remains a fundamental right that must be protected, sometimes against us....
29/10/2024
Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal aspects. Exchanging a residential property within a reciprocal framework is generally not considered a commercial activity, as long as certain rules are respected. Naturally, it…...
