38 Articles
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…...
According to article 477 of the Code of Civil Procedure, the syndicate has the obligation to notify the co-owners of the subject of a legal claim to inform them, within five days of receipt of the notification. However, I sent a notice of arbitration to the directors by registered mail. I then forwarded the notice with the proof of receipt to a Mediation and Arbitration Centre. Question: Does a notice of arbitration fall into this…...
Under the Charter of Human Rights and Freedoms, adisabled co-owner is asking us to install four automatic door openers in the common portions, two of which have a remote-controlled joystick. This co-owner told us that a significant portion of the installation costs would be covered by the Home Adaptation Program of the Société d'habitation du Québec (SHQ). However, when it was purchased, more than two years ago, this co-owner was already in a wheelchair. He…...
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…...
We want to make an amendment to our declaration of co-ownership to prohibit renting for less than one year. Question: Does such an amendment have to be notarized or if it were not, does it have legal value? In short, do amendments have to be notarized to require compliance?...
My tenant sublet his apartment for a period of one month. The board of directors demands that I pay a fine on the pretext that it is a short-term rental and that everything is prohibited in our condominium. However, the Civil Code of Québec gives any tenant the right to sublet. So I could not refuse his request for subletting because there was no serious reason to do so. Now the syndicate is asking me…...
As a co-owner, I am particularly mindful of balancing security and respect for privacy. Following incidents of vandalism in the neighboring co-ownership, the board of directors authorized each administrator to access the building's surveillance cameras at any time via their personal cell phones. I find this measure excessive, especially in the absence of reported incidents, and I expressed my concerns regarding the protection of personal information. I was told they had full discretion in this…...
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. Many of these tenants regularly use the common facilities, including the pools. Our indoor and outdoor pool regulations are clear: only the wearing of swimsuits and swimming caps is allowed. However, in our outdoor pool, we have observed women wearing the burkini, which has raised questions among residents. Question:…...
As I approach this milestone, I have started to explore the potential financial advantages available to seniors. I will be turning 70 this year. Living in a co-ownership where maintenance costs for common portions and various services are shared among co-owners, I am wondering about the tax benefits I might be eligible for as a senior. Questions: Am I entitled to claim the tax credit for expenses incurred for home support services provided or to be…...
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…...