Your Rights

Questions & Answers

38 Articles

{alt}
lock
You need to have an account to read this article

Bird feeders that disturb

My upstairs neighbor set up bird feeder on her balcony. However, this attracts a lot of birds that make droppings on my balcony, causes an unpleasant sound noise (blue jays), and my cats who are used to going to the balcony catch the birds and eat them. Also, I fear that in the long term, we will find ourselves having problems with some rodents and / or early breakage due to droppings. For my neighbor,…...

Your Rights
coproprietaire-syndicat-176.jpg
lock
You need to have an account to read this article

Co-ownership and barbecues: what are the rules?

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…...

Your Rights
{alt}
lock
You need to have an account to read this article

Co-ownership for two: risks of blockages inherent in decision-making

We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it…...

Your Rights
lock
You need to have an account to read this article

Does a co-owner have the right to film the common portions from his apartment?

We have a co-owner who has installed in his apartment a surveillance camera that can capture images of sidewalks located in common portions. This camera, located in his bedroom, can film passers-by through the window.  We have been informed that this co-owner plans to install more cameras to monitor the parking lot and surrounding areas this time. These are not cameras that board members have access to.  We have received questions and complaints about the…...

Your Rights
lock
You need to have an account to read this article

Does the concept of vested right acquired by tolerance exist in co-ownership?

Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not…...

Your Rights
{alt}
lock
You need to have an account to read this article

Guide des acronymes et abréviations clés en copropriété

En tant que membre du conseil d'administration de notre syndicat de copropriété, je suis fréquemment confronté à une variété de documents et communications qui emploient divers acronymes et abréviations propres au secteur de la copropriété. Dans le but d'améliorer ma compréhension ainsi que celle des autres membres du conseil, et pour garantir une communication efficace et précise avec l'ensemble des copropriétaires, je me questionne sur l'existence d'un répertoire complet des acronymes et abréviations communément utilisés…...

Your Rights
62-copropriete-gestion
lock
You need to have an account to read this article

Hypothèque légale: un privilège d'exception

Le droit des intervenants de l'industrie de la construction, savoir les personnes qui ont participé à la construction ou à la rénovation d'un immeuble, à l'inscription d'une hypothèque légale constitue un privilège d'exception. En effet, cette hypothèque est prédominante car en cas de défaut et, ultimement, la vente de l'immeuble, l'intervenant de la construction pourra être payé en priorité avant même le créancier hypothécaire du copropriétaire !...

Your Rights
lock
You need to have an account to read this article

Imposing an air freshener upon owners who smoke?

  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children. Question: Can our syndicate compel these smokers to install an air freshener in their apartment?...

Your Rights
visuel_colloque2010
lock
You need to have an account to read this article

The director designated by the developer did not renders account of its administration

As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors.  However, this director has not reported on his administration since the publication of the declaration of co-ownership!  Even worse, we don't know what he did with the condo fees he collected. Question: What rights do we have against…...

Your Rights
{alt}
lock
You need to have an account to read this article

Undivided co-owner of a fraction : being represented at the Meeting of co-owners

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…...

Your Rights