Condo life and its obligations
For more than 50 years now, divided co-ownership has found a prominent place in the Quebec and Canadian real estate landscape by attracting one household in eight in Canada, convinced of making this choice of collective life because of its many advantages and its accessibility.
The life of the community of co-owners is framed by the declaration of co-ownership, a contractual document which must be respected, as well as the building by-laws and regulations.
Since the reform of co-ownership law in Quebec in 2019, the board of directors of the co-owners syndicate has seen its responsibilities and powers increased, always in order to exercise its main function: the conservation and administration of its building.
At Judilex, our expertise in counsel and litigation is largely oriented towards co-ownership law, a particularly complex area of law.
Judilex Avocats - co-ownershiply yours.
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Contact us to learn more about our special fees reserved for condominium.
Our clients are mainly co-owners syndicate and properties managers who appreciate our flexibility and the creativity we put into practice, with the objective that our interventions in your files will be successful for moderate and reasonable costs.
Whether you live in a ten storey building newly built or in a triplex converted to co-ownership, we will be able to advise you on all your legal and administrative files and, when necessary, offer you mediation sessions between your co-owners and the syndicate.
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advise the syndicate’s board of directors and its manager and provide them with any legal services required.
represent the interests of the syndicate in any administrative or judicial dispute.
represent the syndicate and advise it in any litigation file involving contractors, the building developer or the insurer of the syndicate or of the co-owners.
put an end to any form of nuisance in your condominium building.
act as mediator between the syndicate and the co-owners and between the co-owners.
obtain payment of any amount owed by co-owners as a common charge or otherwise (registration of a legal hypothec of the syndicate, and judiciary on account receivable).
review the Declaration of co-ownership and building regulations.
supervise and organize the meetings of the co-owners and verify the majorities required according to the nature of the questions to be voted.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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