Advantages Condo

In a recent judgement of the Court of Quebec, Small Claims Division¹, a co-owner who sued his syndicate of co-owners for damages, i.e. for repayment of sums paid to the syndicate as a penalty for late payment of his condo fees, and for fees charged to the co-owner when his new tenant was moving in. He sues at the same time two administrators of the syndicate for the sum of $3,888.90 for non-specified damages. Nevertheless, he saw his request rejected by the Court because, at the basis, his request seeks the annulment of the regulations of the co-ownership, which is not within the jurisdiction of the Small Claims Division of the Court of Quebec.

... read more

In a recent judgement of the Court of Quebec, Small Claims Division (1), the Court was asked to decide whether a syndicate of co-owners had to be ordered to pay damages with interest to one the building’s co-owners for unrest and inconvenience supposedly caused to two co-owners by the ventilation system of the building.

The facts found by the Court
The co-owners plaintiffs allege they found that the engines for sucking air from ventilation stacks on the roof of the building emitted an unusual noise.
The co-owners testify that they immediately notified the syndicate of co-ownership about this situation, but they consider that it had been negligent in the treatment of this problem which, they said, lasted for about six months.

... read more

In a recent judgement of the Court of Québec, Small Claims division¹, a syndicate of co-ownership was ordered to pay damages to a co-owner because of water seepage from a common portion for restricted use. The claims of the parties according to the ... read more

Since 1 January 2015, the Civil Procedure Code has been amended to increase from $7,000.00 to $15,000.00 the amount of eligible receivables to the Small Claims section.

You should also know that when a request is made under the Small Claims Division, the parties have no right to counsel under Section 959 of the Civil Procedure Code.

... read more

In a recent judgement of the Court of Quebec, Small Claims Division¹, the Court held that a cracked concrete floor slab did not commit the civil liability of the Syndicate.

The claims of the parties

The plaintiff claims from the defendant party a compensation of $7000.00 due to the presence of cracks and an unevenness affecting the concrete floor slab of his condominium unit. He says he suffered damages of approximately $9482.23 in connection with this problem, but he reduced his claim to $7000.00 in order to comply with the monetary jurisdiction of the Small Claims Division at the time of the submission of the application. (This limit is now $15,000 since 1 January 2015).

... read more

In a recent judgement of the Court of Quebec, Small Claims Division, the Court ruled that the Syndicate did not breach its duty to maintain the common portions of the building where rodents have damaged a sofa on the terrace of two co-owners.

The facts according to the Tribunal
The co-owners are joint owners of a condominium unit located in a building of which one of the common portions is a closed atrium which encloses an interior garden with plants and tropical trees. The terrace of their unit, like the ones of the other owners, opens onto this atrium.

... read more

In a recent judgement of the Court of Quebec, small claims divisionˡ, the Court was asked to decide whether a syndicate of co-ownership of the building was responsible for damage caused to the car of two of the co-owners in an incident with the... read more

In a recent decision of the Superior Court, the Court had to judge whether bodily injury to a co-owner of the building committed the liability of the syndicate of the condominium because of its duty to properly maintain the common portions of the building.

The decision, which includes fourteen pages, deals in detail with the medical evidence of the co-owner, as well as with the counter-proof of the syndicate. However, we will only analyze the Court’s reasoning in relation to the question of whether the syndicate’s liability could be incurred or not.

... read more

In a recent judgement of the Court of Quebec, Small Claims Division, which rendered a simultaneous decision on seven separate requests from co-owners against their co-ownership syndicate and its insurance company 1, the Court reaffirmed the principle by which decisions of the syndicate on major work from the contingency funds and the issuance of a special contribution levied, should not be adopted by a majority vote of the assembly of co-owners.

... read more

In a recent judgment of the Court of Quebec, Small Claims division¹, the Court reminded a syndicate of co-ownership that, in the absence of an express provision in its declaration of co-ownership, it is not up to the co-owners to pay the cost of replacing their windows, but rather to the syndicate using its contingency fund.

... read more