Advantages Condo

Certain co-owners may decide to rent their condominium, but there are important points to consider.

     For the co-owner, the right to rent his condominium is an integral part of his right of ownership: he can choose to live there, or to rent it in order to derive rental revenue from it. Except for precise stipulation in the lease, the tenant will have the pleasure of the fraction of the co-owner, including the additional right.

With the arrival of the winter season, the syndicate and its co-owners must keep in mind some important points regarding ice removal and snow clearing on unit balconies in co-ownership buildings.

On the subject of ice removal, building experts agree that the use of salt or calcium to de-ice surfaces of concrete balconies has its consequences. The use of these products, as well as the freeze/thaw cycle of cause a superficial crumbling of the concrete surface.

The proof reveals that the water-heater located in the unit of the defendant has caused the damage. According to article 6 of the declaration of co-ownership, the privative portions include their contents and their accessories. The water-heater only to be used by the defendant, is part of its exclusive portion and is under its responsibility. Article 95 paragraph 7 of the declaration lays this down indeed:

To be able to open the general meeting of the co-owners, there must be a quorum. The quorum is reached when more than 50% of the votes of all the co-owners present in the room (either because the co-owner is himself present, or because he has  given a proxy).

Water damage coming from the privative portion of the defendants has caused damage to the common portions of the building for an amount of 5 604,77$. The syndicate makes an insurance claim with the insurer of the syndicate, who compensates for the amount of the damage, less the insurance franchise of an amount of a 1000$. The syndicate repairs the damage and pays the cost of the works as well as the amount of the indemnity and makes up for the difference of a 1000$ from the funds of the syndicate and claims from the defendants the refunding of this amount.

According to article 1104 of the Civil code of Quebec, the Board of Directors must call a special meeting of the co-owners for the election of a new Board of Directors within ninety days from the date at which the promoter of a co-ownership no longer holds the majority of the votes of the general meeting of the co-owners. In practice, it is the promoter who calls this special meeting as the sole director of the syndicate of co-ownership.

Many people who are members of the Board of Directors of a co-ownership ask themselves the same  question: What is the register of the syndicate of co-ownership all about, and what does it contain ?

The syndicate of co-ownership and consequently, the Board of Directors, must constitute and keep a “register of the co-ownership”. Article 1070 of the Civil Code of Quebec specifies that the syndicate keeps at the disposal of the co-owners a register containing the following information:

With the heat waves that we have known, one should especially not forget to consider certain very important points relative to the installation or the maintenance of an air-conditioning unit in a dwelling in divided co-ownership.

The right to the installation

Before proceeding with the purchase and the installation of an air-conditioning unit in an apartment in a condominium, it is first of all necessary to consult the declaration of co-ownership of the building and

In this third article on the topic of divided co-ownership we will examine some of the characteristics of the syndicate of co-ownership and its decision making bodies.

The Syndicate of co-ownership is a distinct legal entity. Within its powers, its liability is distinct from that of the members of its Board of Directors and from that of its co-owners, in a manner similar to that of a corporation.

In my last article we examined what is a syndicate of co-ownership, its private and common portions of the building and its common portions of restricted use. We will now look about the various parts of the declaration of co-ownership. There are three parts,

1) the constituting act,

2) the building bylaws,

3) the description of the fractions.