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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 would like to know what our rights are with respect to the members of the board of directors. We asked them on more than one occasion, a copy of the minutes of our last meeting of co-owners (which took place three months ago). Under article 1102.1 of the Civil Code of Quebec, the board of directors must send the co-owners the minutes of any meeting of the co-owners within 30 days of the meeting.…...
A co-owner made complaints against me to the syndicate of co-ownership. I asked for a list of complaints about me to find out exactly what I am accused of. I had a refusal as an answer. Question: How can I access this information? Which form do I need to fill out? Who do I contact if the syndicate does not cooperate?...
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…...
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?...
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…...
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…...
I am a co-owner in a co-ownership in phases of 10 syndicates of co-owners who share a grassy lot in common part. Until the arrival of young children in the condos the space was not very busy. Currently it is the regular meeting place for children and their parents (end of the day during the week and weekends depending on the temperature). The temporary installation of inflatable games and water games (stored after each use)…...
A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it. Question: What should the board do in this situation?...
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…...
