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My tenant has sublet their apartment for the second time this year, for a period of one month. The board of directors is asking me to pay a fine, claiming that it constitutes a short-term rental, which is prohibited in our co-ownership. However, under the Civil Code of Quebec, a tenant has the right to sublet their unit, and I could not refuse this request. Today, the syndicate is demanding a $5,000 fine, arguing that…...
I am outraged that my syndicate of co-owners is failing to fulfill its legal obligations under article 477 of the Code of Civil Procedure. After sending a notice of arbitration to the directors by registered mail and submitting the supporting documents to a Arbitration center, no notice was communicated to the co-owners. Yet, this article requires the syndicate to inform all co-owners of the subject of any legal proceeding within five days to ensure transparency regarding actions…...
The owner of the apartment below mine uses a barbecue almost daily on their balcony, despite the rules established in our declaration of co-ownership. Each time they use it, the smoke and the smell of grilled meat invade my space, to the point that I can no longer enjoy my own balcony, which has become unusable. These emissions are so bothersome that I am forced to close my patio door and windows to keep the…...
I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails, but they didn’t solve anything. The syndicate has been aware of this situation for a year and a half but nothing is happening. The last few…...
In my building, the soundproofing is inadequate, amplifying the noise from neighboring apartments. I am constantly affected by the nuisance caused by the incessant barking of my upstairs neighbors' dogs and their excessively loud music, which disrupts my quality of life. My neighbor, on the other hand, faces a similar issue: her upstairs neighbors recently installed hardwood flooring, and every step echoes loudly, disturbing her peace. We are seeking solutions to put an end to…...
A co-owner has initiated legal proceedings against the syndicate of co-owners to request a review of the relative value of the fractions, claiming that it results in an unfair allocation of common expenses. This type of legal action, which may impact all co-owners, requires the syndicate to fulfill its obligation to notify them promptly and transparently. Questions : Is the claimant required to individually serve a copy of their legal action to each co-owner? What are…...
A co-owner wishes to acquire exclusive use rights for a rooftop terrace currently designated as a common portion according to the provisions of the declaration of co-ownership. This co-owner seeks to have the terrace reclassified as a restricted common area to enjoy exclusive use. The terrace, which forms part of the building's roof, is currently accessible only to directors and individuals responsible for the building's maintenance. This request raises significant issues related to the management of…...
The co-owners of an apartment in the building, Mr. Dupont and Mrs. Tremblay, are spouses in the process of divorce. Mr. Dupont has not attended the co-ownership meetings for two years, while Mrs. Tremblay is currently hospitalized. She wishes to be represented by her son at the next annual meeting. Given that each co-owner typically holds individual voting rights, a question arises: If her son attends the meeting to represent her, will he also have…...
Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment. None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility and who is the owner of an indoor parking space not adapted to his needs. Question: Is there a law that would allow this co-owner…...
I have been a member of the board of directors of our co-ownership for ten years. We have in our building two families who have recently moved in with small children. Since then, some elderly co-owners have complained about the noise generated by crying, moving furniture and the noise of scooters. They called the police to report a situation they consider unacceptable. The police refused to receive their complaint on the grounds that the debate is civil in…...
