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Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by the Act respecting the protection of personal information in the private sector (ARPPIPS). With the assent of Bill 64 on September 22, 2022, new rules for the use and…...
Common expenses (condo fees) must be paid by any co-owner. If they don't pay, they are considered "in default". The management of unpaid common expenses in co-ownership is a complex subject, often a source of concern for both syndicates and buyers. Indeed, the latter may find themselves responsible for the common expenses unpaid by the previous co-owner. Article 1069 of the Civil Code of Quebec plays a key role in defining the responsibility of the new…...
As part of its missions, the syndicate must authorize, if necessary, any work undertaken by co-owners, whether in the private portions or the common areas for restricted use. Co-owners should not forget that in co-ownership, certain rules apply. In this regard, certain declarations require co-owners to provide the board of directors with a description of the work to be undertaken in a private portion, in order to verify the scope and the consequences in terms…...
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 with the board of directors or the condo manager (to request the repair of broken equipment, such as the elevator, for example). In the same…...
Life in co-ownership is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show…...
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 ownership right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of co-ownership list the obligations to which tenants and co-owners-lessors commit themselves when they sign a lease, such as compliance with the by-laws of the…...
Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy and interferes in his privacy can be particularly irritating and even embarrassing. If he comes to photograph him when he walks through the common portions, monitors…...
A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects of second-hand smoke on the health of people exposed to it advocate prohibition. In this regard, the right to life and to the safety and…...
The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit. Many co-owners are unaware that this…...
A bathtub or a washing machine that overflows into the apartment below, a water heater that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in recent years. Worse still, some insurers no longer want to insure co-ownerships, because of a loss ratio that has become out of control. This situation is…...
