Your Rights

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What to do when developer refuses to complete the work?

Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December.  Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership or any co-owner act in any way to either compel the builder to complete the work or obtain compensation?...

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What are the parking rules for people with disabilities?

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…...

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Voisin problématique

Mon voisin de palier vit seul dans son condo. Il souffre de délire paranoïaque et, chaque nuit, frappe dans le mur avec un marteau ou un bâton, prétendant que j’opère une imprimerie dans mon unité. Il dit qu’il sent des vibrations en provenance de mon appartement. Je lui ai déjà permis de venir constater que je n’opère pas une telle entreprise et, bien qu’il n’ait rien trouvé, il continue son manège et ses accusations. J’ai…...

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Viewing images captured by surveillance cameras: what are the limits?

The co-ownership next door to ours has experienced a few incidents of vandalism. This subject concerns some of our co-owners. The Board of Directors decided that each of the directors could view the images captured by our building's surveillance cameras at any time from their cell phones. As for me, I find everything excessive, especially when there is no recorded incident. I have expressed my concern to the members of the board of directors about…...

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Transformation de mon dépanneur en restaurant

J’ai demandé récemment au conseil d’administration de modifier l’usage de mon dépanneur, pour en faire un restaurant. Le conseil a alors présenté et fait voter (à 88% des voix), à l’assemblée des copropriétaires, une résolution prohibant l’exploitation de tout restaurant dans l’immeuble. Suis-je en droit de contester ce vote?...

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Rules for small co-ownerships

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Que fait le syndicat qui suspecte un vice de construction?

En tant que conseil d’administration, nous suspectons la présence d’un vice de construction dans l'immeuble. Quelles démarches devrions-nous engager afin de sauvegarder nos droits et ceux des copropriétaires?...

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Neighbourhood disturbances: olfactory nuisances (odours)

New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?...

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Is a syndicate of co-owners always liable for damages caused by the common portions?

A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the…...

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Can we ban the burkini in a co-ownership?

Our co-ownership is composed of more than 350 apartments and a significant percentage of these are owned by co-owners who rent to tenants of Muslim faith. Our indoor and outdoor pool regulations are clear: only the wearing of swimsuits and swimming caps are allowed. But in our outdoor pool, we have women who wear the burkini. Question: Since we are not a public swimming pool, can we deny women who wear the burkini access to…...

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