Your Rights

Chronicles

20 Articles

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10/01/2025

Noise: it's hell!

You have just purchased your new condo, and for some time now, you’ve been hearing noise that prevents you from peacefully enjoying your unit, or even completely disrupts your sleep. You ask your neighbors, and they are facing the same issue. Noise can cause stress, frustration, fatigue, and even lead to illness. This problem impacts your quality of life and could eventually compromise your psychological and physical well-being. It is crucial to act quickly to…...

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29/12/2024

Intolerance in co-ownership: a jurisprudential lesson

Living in a co-ownership involves striking a balance between enjoying one's unit and respecting the neighborhood. But what happens when this balance is disrupted by excessive and persistent behavior? A landmark judgment sheds light on the legal consequences of disproportionate intolerance in a co-ownership setting. This case highlights how crucial it is to respect the rights of other co-owners to maintain collective harmony. Courts can intervene decisively to address abuse and restore balance within the community....

Your Rights

29/10/2024

Housing exchange: what does the declaration of co-ownership say?

Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal aspects. Exchanging a residential property within a reciprocal framework is generally not considered a commercial activity, as long as certain rules are respected. Naturally, it…...

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11/12/2023

Let's Talk About Privacy Rights

We are living in a paradoxical period, marked by the dazzling progress of computer technologies, the dematerialization of data, artificial intelligence, and their intrusion into all aspects of our lives. More than ever, people are posting on social networks and talking about their most recent outings, vacations or acquisitions, when not blabbering about their moods. Regardless, privacy remains a fundamental right that must be protected, sometimes against us....

Your Rights

02/12/2023

Usefulness of the bailiff's ascertainment

December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary, the strength of his observation. This strength emerges from the relevance of the facts found. The importance of the finding remains linked to its usefulness,…...

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15/10/2023

How to organize a meeting of co-owners smoothly

October 15, 2023- The Meeting of co-owners is a major event in the life of a co-ownership. A meeting at least once a year, it is decisive since it allows the making of major decisions that impact the lives and finances of the co-owners. The board of directors' mission is to take care of the convening and holding of the meeting of co-owners but also of the execution of the decisions it votes. Decisions taken…...

Your Rights

10/10/2023

Abusive conduct by a Syndicate Director

In their dealings with co-owners, board members must act with loyalty and fairness. They must refrain from any gesture that could amount to a settling of scores. This rule of conduct is fundamental and failure to comply with it constitutes a fault that may engage the liability of both the syndicate and the directors, personally. A judgment of the Court of Quebec sanctioned the abusive behaviour of members of the board of directors of a syndicate.…...

Your Rights

01/10/2023

Managing crisis situations in co-ownership

Conflicts in co-ownership often arise due to a lack of knowledge of the rules governing the building, but also due to a lack of communication or transparency, or because of a misunderstanding that has gone wrong. To ensure that co-ownership is synonymous with peace and peace of mind, it is best to adopt good habits from the beginning. The buyer of a condominium unit must therefore commit to accepting a very specific way of life,…...

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18/03/2023

What are the agenda items that require a vote by the co-owners?

The agenda lists the questions to be voted on and the information and consultation items that will be addressed at the meeting of co-owners. The decision-making power of the meeting of co-owners is defined by the Civil Code of Québec and the declaration of co-ownership (Constitutive Act of Co-ownership). The chairman of the meeting of co-owners ensures that it runs smoothly and submits to the co-owners the proposals on which a vote must be taken.…...

Your Rights

15/06/2022

Lieux et heures de constatation

15 juin 2022- Le constat d'huissier se révèle être un outil inestimable, garantissant une impartialité et une précision inégalées dans la documentation des faits. Cette démarche méticuleuse et rigoureusement définie assure non seulement la légitimité et la fiabilité des constatations réalisées par les huissiers mais contribue également à la protection des droits et à l'administration équitable de la justice. Dans le cadre d'un constat d'huissier de justice, quelles règles s'appliquent pour les lieux et heures de constatation?...

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