News

News https://www.advantagescondo.com/news.aspx News from Advantages Condo Copyright Advantages Condo http://www.rssboard.org/rss-specification mojoPortal Blog Module info@advantagescondo.com 30 News from Advantages Condo Copyright Advantages Condo News from Advantages Condo info@advantagescondo.com Advantages Condo no Liability of a co-owner: the importance of the formal notice In a recent judgement of the Court of Québec, Small Claims Division¹, the Tribunal held that, although the co-owner could be held liable for damage caused to the dwelling by his tenant, the fact that the syndicate had not given notice to the co-owner before proceeding with the repair is definitely unacceptable.

The parties and their claims
The syndicate of co-owners claims from one of the co-owners of the dwelling the amount of $13,765.70 in compensation for damage caused to the garage door of the dwelling by the tenant of that co-owner. The syndicate also sues the tenant directly as another defendant in the same case.

]]> https://www.advantagescondo.com/liability-of-a-co-owner-the-importance-of-the-formal-notice.aspx https://www.advantagescondo.com/liability-of-a-co-owner-the-importance-of-the-formal-notice.aspx https://www.advantagescondo.com/liability-of-a-co-owner-the-importance-of-the-formal-notice.aspx Sun, 14 Jan 2018 22:27:00 GMT Fall of a co-owner on a frozen surface: The Court rejects her claim against the syndicate and its snow remover In Québec, winter conditions are becoming more and more unpredictable: abundant snowfall, followed by rainy days, followed by a fall in temperature causing the remainder of this precipitation to freeze. This trend continues in 2017, and like all other residents of the province, those who reside in a co-ownership environment, the co-ownership syndicates must deal with these conditions and take appropriate action.

However, can co-ownership syndicates be held responsible for any fall or injury of a person due to winter conditions on the building’s grounds?

]]> https://www.advantagescondo.com/fall-of-a-co-owner-on-a-frozen-surface-the-court-rejects-her-claim-against-the-syndicate-and-its-snow-remover.aspx https://www.advantagescondo.com/fall-of-a-co-owner-on-a-frozen-surface-the-court-rejects-her-claim-against-the-syndicate-and-its-snow-remover.aspx https://www.advantagescondo.com/fall-of-a-co-owner-on-a-frozen-surface-the-court-rejects-her-claim-against-the-syndicate-and-its-snow-remover.aspx Fri, 22 Dec 2017 22:23:00 GMT DAMAGE IN A DIVIDED CO-OWNERSHIP: co-owners, administrators and managers, beware of water damage! It is obvious that the occurrence of damage affecting our dwelling is an inconvenience and an important source of unpleasantness for its owner. Luckily, the majority of owners of rental dwellings do not have to deal with such situations regularly.

In divided co-ownership, the syndicate of co-owners, members of the board of directors and sometimes its property manager are called upon to react to accidents in order to ensure the restoration of the parts of the building affected by the damage done, in the privative as well as the common portions. The syndicate must apply to an insurer for cover against all the usual risks, including fire and damage caused by water. Indeed, damage caused by water, coming either from parts of the plumbing (sink, toilet, bathtub, shower, feed or drain) or from natural water infiltration points through the envelope of the building, constitute an important source of damage that can be caused to the building.

]]> https://www.advantagescondo.com/damage-in-a-divided-co-ownership-co-owners-administrators-and-managers-beware-of-water-damage.aspx https://www.advantagescondo.com/damage-in-a-divided-co-ownership-co-owners-administrators-and-managers-beware-of-water-damage.aspx https://www.advantagescondo.com/damage-in-a-divided-co-ownership-co-owners-administrators-and-managers-beware-of-water-damage.aspx Sat, 02 Dec 2017 22:20:00 GMT Who pays for window replacement? The Court recalls that the syndicate of co-ownership must abide by the provisions of the Civil Code of Québec In any divided co-ownership the day will come when the windows of the privative portions will have to be replaced. When the time comes these important works give rise to questions, from administrators and managers as well as from co-owners. Who, between the syndicate and the co-owners individually, must have this work carried out and the costs paid?

In a recent judgement of the Court of Québec, Small Claims Division, the Court reminded a syndicate of co-ownership that, in the absence of an express provision in its deed of co-ownership, it was not for the co-owners to pay the cost of their window replacement, but rather to the syndicate by employing its contingency fund.

]]> https://www.advantagescondo.com/who-pays-for-window-replacement-the-court-recalls-that-the-syndicate-of-co-ownership-must-abide-by-the-provisions-of-the-civil-code-of-québec.aspx https://www.advantagescondo.com/who-pays-for-window-replacement-the-court-recalls-that-the-syndicate-of-co-ownership-must-abide-by-the-provisions-of-the-civil-code-of-québec.aspx https://www.advantagescondo.com/who-pays-for-window-replacement-the-court-recalls-that-the-syndicate-of-co-ownership-must-abide-by-the-provisions-of-the-civil-code-of-québec.aspx Sun, 12 Nov 2017 22:18:00 GMT Understanding the role of the co-ownership manager The following question is asked to us regularly by the members of the board of directors of the co-ownerships, and even by the co-owners: “There is no one who would like to sit on the board of directors, so can we simply entrust the whole to a manager and let him take care of it?”
We have to answer this in the negative.

A co-ownership may be composed of as few as two dwelling units, but regardless of the size of the co-ownership, the law provides that the day-to-day management of the syndicate may be entrusted to a manager, chosen or not, among its co-owners. This manager acts as the administrator of the property of others being responsible for the mere management of it.

]]> https://www.advantagescondo.com/understanding-the-role-of-the-co-ownership-manager.aspx https://www.advantagescondo.com/understanding-the-role-of-the-co-ownership-manager.aspx https://www.advantagescondo.com/understanding-the-role-of-the-co-ownership-manager.aspx Sat, 28 Oct 2017 11:15:00 GMT Replacement-value insurance policy: the Court confirms the obligation of the syndicate and the administrators In a recent judgment of the Court of Quebec, Small Claims Division1, the Court confirms the obligation for the Syndicate and its administrators to take out replacement-value insurance coverage on the entire building of the co-ownership. Failure to do so involves the personal civil liability of the members of the Board of Directors in case of insufficient coverage.

The claims of the parties according to the Court
The plaintiffs, two co-owners of the syndicate, claim $6118.74 from the Syndicate and from its former interim administrator, a representative of the promoter of the real-estate project. They accuse them of having inadequately insured the building. Following a fire that caused the total loss of the building the insurance compensation was insufficient to reconstruct the building and they had to pay, as a special compensation, $6118.74 to balance the deficit, which is the amount they claim.

]]> https://www.advantagescondo.com/replacement-value-insurance-policy-the-court-confirms-the-obligation-of-the-syndicate-and-the-administrators-1.aspx https://www.advantagescondo.com/replacement-value-insurance-policy-the-court-confirms-the-obligation-of-the-syndicate-and-the-administrators-1.aspx https://www.advantagescondo.com/replacement-value-insurance-policy-the-court-confirms-the-obligation-of-the-syndicate-and-the-administrators-1.aspx Fri, 29 Sep 2017 17:09:00 GMT A non-compliant chimney: the syndicate is responsible for the costs of remediation work In a recent judgment of the Court of Quebec, Small Claims division¹, the court held that the syndicate pursued by the co-owners was responsible for the costs of corrective work to a chimney of a condo unit.

The claims of the parties

The co-owners of a condominium unit demand from the syndicate $2793.21 for reimbursement of corrective work they had to pay because the chimney serving their unit did not meet the requirements of the National Building Code ("NBC"). They also claim $706.12 for the fees of their lawyer, who they hired for the purpose of determining the liability of the parties as to the payment of the work.

]]> https://www.advantagescondo.com/a-non-compliant-chimney-the-syndicate-is-responsible-for-the-costs-of-remediation-work.aspx https://www.advantagescondo.com/a-non-compliant-chimney-the-syndicate-is-responsible-for-the-costs-of-remediation-work.aspx https://www.advantagescondo.com/a-non-compliant-chimney-the-syndicate-is-responsible-for-the-costs-of-remediation-work.aspx Tue, 29 Aug 2017 17:19:00 GMT The tenant of a condo falls: the syndicate was ordered to pay him damages In a judgment of the Court of Québec, Small Claims Division¹, the tenant of a co-owner simultaneously takes legal action against the syndicate of co-ownership and the co-owner for damages with interest suffered as a result of a fall on slippery stairs.

The context submitted to the Court
The tenant has rented for twenty years a condo unit belonging to the defendant co-owner in a condominium dwelling managed by the other defendant, the syndicate of co-ownership.

The tenant claims the sum of $1784.00 following a fall down the stairs leading from the terrace of his apartment to the grounds of the condominium. The tenant complains that the syndicate and the co-owner have been negligent in the maintenance of this staircase.

]]> https://www.advantagescondo.com/the-tenant-of-a-condo-falls-the-syndicate-was-ordered-to-pay-him-damages.aspx https://www.advantagescondo.com/the-tenant-of-a-condo-falls-the-syndicate-was-ordered-to-pay-him-damages.aspx https://www.advantagescondo.com/the-tenant-of-a-condo-falls-the-syndicate-was-ordered-to-pay-him-damages.aspx Sat, 29 Jul 2017 17:24:00 GMT Work on the common portions: the Court confirms that the approval of a co-owner was not required In a recent decision of the Québec Court, Small Claims Division¹, the Court confirmed that works for replacing a balcony, stairway steps, woodwork and painting in a condominium were not likely to require a vote of the assembly of co-owners under Section 1097 of the Civil Code of Québec. The defendant co-owner could not therefore refuse to pay his share of the work on the grounds that he had not voted for them.

The context

The Syndicate claims the sum of $5,972.41 from one of the co-owners of the building, i.e. his part of a special contribution for work performed to the common portions of the building which has three units.

The Syndicate indicated to the Court that the work involved replacing a balcony, the steps of the outside staircase, woodwork under the balcony and roof slates, as well as painting.

]]> https://www.advantagescondo.com/work-on-the-common-portions-the-court-confirms-that-the-approval-of-a-co-owner-was-not-required.aspx https://www.advantagescondo.com/work-on-the-common-portions-the-court-confirms-that-the-approval-of-a-co-owner-was-not-required.aspx https://www.advantagescondo.com/work-on-the-common-portions-the-court-confirms-that-the-approval-of-a-co-owner-was-not-required.aspx Thu, 29 Jun 2017 17:27:00 GMT Legal mortgage: Can the syndicate recoup the costs? In a recent decision of the Court of Québec, Small Claims division¹, the Court found that the syndicate of co-owners was entitled to recover the reasonable costs of legal mortgage action against a co-owner who did not pay his contribution for the common expenditures.

The context according to the Court

The Syndicate claims $7901.41 from one of the co-owners of the building. The syndicate asks that the co-owner should be ordered to repay that amount to it, amount which represents the fees and extrajudicial costs of its lawyers. The syndicate has incurred these expenditures in its efforts to recover the regular condo expenses and a special contribution unpaid by the co-owner. The syndicate has issued a legal mortgage against the fraction of the co-owner and has served a notice of exercise of its right.

]]> https://www.advantagescondo.com/legal-mortgage-can-the-syndicate-recoup-the-costs.aspx https://www.advantagescondo.com/legal-mortgage-can-the-syndicate-recoup-the-costs.aspx https://www.advantagescondo.com/legal-mortgage-can-the-syndicate-recoup-the-costs.aspx Mon, 29 May 2017 17:30:00 GMT THE SYNDICATE AND ITS MANAGER: Some important points to consider The following question is always asked regularly to us by members of the Boards of Directors of co-ownerships and by co-owners: “There is no one who would want to sit on the Board, can’t we then not just entrust everything to a manager and let him deal with all of it?”
Our answer is no.

A co-ownership can be formed from as few as two residential units, regardless of the size of the condo. The law provides that the day-to-day management of the syndicate may be entrusted to a manager, elected or not, among its co-owners. This manager, who acts as administrator of the property of others, will be charged with basic administrative tasks.¹ In most cases, the deed of co-ownership grants authority to the Board of Directors to procure the services of a manager and establish the amount of his fees.

]]> https://www.advantagescondo.com/the-syndicate-and-its-manager-some-important-points-to-consider.aspx https://www.advantagescondo.com/the-syndicate-and-its-manager-some-important-points-to-consider.aspx https://www.advantagescondo.com/the-syndicate-and-its-manager-some-important-points-to-consider.aspx Sat, 29 Apr 2017 17:32:00 GMT Water flowing from upper balconies: neither the co-owner nor the syndicate are at fault In a recent judgement of the Court of Québec, Small Claims division 1, the Court held that a co-owner of a building had not proved that the plant-sprinkling water from his neighbour, three floors up, was responsible for the deterioration of the painted surfaces of his balcony. The syndicate of co-ownership, called in as warranty by the prosecuted co-owner is not responsible either, according to the Court.

The claims of the parties in the Court
The plaintiff and the defendant own condominiums located respectively on the 24th and 27th floors of the building. The plaintiff accuses the defendant of having badly maintained the balcony of his condominium, thereby causing the flow of wastewater. The applicant therefore claims from him $4,300 in compensation for water damage to his balcony. The defendant denies all responsibility and involves the syndicate of co-owners in the building as a co-defendant, citing additionally that it is the syndicate that is responsible for the maintenance of the common portions for restricted use of the building.

]]> https://www.advantagescondo.com/water-flowing-from-upper-balconies-neither-the-co-owner-nor-the-syndicate-are-at-fault.aspx https://www.advantagescondo.com/water-flowing-from-upper-balconies-neither-the-co-owner-nor-the-syndicate-are-at-fault.aspx https://www.advantagescondo.com/water-flowing-from-upper-balconies-neither-the-co-owner-nor-the-syndicate-are-at-fault.aspx Wed, 29 Mar 2017 17:36:00 GMT A co-owner who does not want to abide by the deed of co-ownership condemned to pay the costs incurred by the syndicate In a recent judgement of the Court of Québec, Small Claims Division 1, the Court dismissed the claim for damages of a co-owner against the syndicate of co-owners, and condemns the co-owner to pay all legal costs incurred by the syndicate.

The claims of the parties
In his legal action, the co-owner seeks to obtain a settlement of $11,036.60 from his syndicate of co-ownership. This claim consists of: $4,038.60 as a “refund” of the purchase price of the common portions of the co-ownership; $5,000 for trouble and inconvenience including bank charges, legal fees, lost time, etc.; $1,038 for expungement proceedings to legal mortgages he considers to have been made illegally; $960.00 for co-ownership fees he had to pay.

]]> https://www.advantagescondo.com/a-co-owner-who-does-not-want-to-abide-by-the-deed-of-co-ownership-condemned-to-pay-the-costs-incurred-by-the-syndicate.aspx https://www.advantagescondo.com/a-co-owner-who-does-not-want-to-abide-by-the-deed-of-co-ownership-condemned-to-pay-the-costs-incurred-by-the-syndicate.aspx https://www.advantagescondo.com/a-co-owner-who-does-not-want-to-abide-by-the-deed-of-co-ownership-condemned-to-pay-the-costs-incurred-by-the-syndicate.aspx Sun, 12 Feb 2017 18:39:00 GMT Unauthorized posting: the co-owner must reimburse the legal fees of the syndicate In a recent judgement of the Court of Québec, Small Claims Division¹, a co-owner who put up a “For Rent” sign for his condo unit, while such posting is prohibited by the deed of co-ownership, was sentenced by the Court to pay the legal costs incurred by the syndicate of co-ownership.

The parties and their claims
The syndicate of co-ownership of the building claims, from one of the building’s co-owners, the sum of $575.56 as reimbursement for legal fees incurred to send him a notice. The syndicate argues before the Court that the “For Rent” poster displayed by the co-owner in his privative portion is prohibited by the deed of co-ownership.

]]> https://www.advantagescondo.com/unauthorized-posting-the-co-owner-must-reimburse-the-legal-fees-of-the-syndicate.aspx https://www.advantagescondo.com/unauthorized-posting-the-co-owner-must-reimburse-the-legal-fees-of-the-syndicate.aspx https://www.advantagescondo.com/unauthorized-posting-the-co-owner-must-reimburse-the-legal-fees-of-the-syndicate.aspx Fri, 02 Dec 2016 18:43:00 GMT Hidden defect: rejection of the legal action of a former co-owner against the vertical and horizontal syndicates In a recent judgement of the Court of Québec, Small Claims Division i, the claim for damages by a former co-owner against the syndicate of co-owners for damages for hidden defects was rejected by the Court. This former co-owner claimed from her former syndicate of co-owners the amount for which she was sentenced to pay the buyers of her unit. The latter asked her for their share of a special contribution paid for upgrading non-compliant unit fireplaces.

The claims of the parties
The former co-owner claims from her former co-ownership syndicate with vertical effect, as well as from the syndicate with horizontal effect of which the vertical syndicate is part, the amount of $4,588.82, amount paid to the buyers of her unit following a legal action for hidden defects in the unit.

]]> https://www.advantagescondo.com/hidden-defect-rejection-of-the-legal-action-of-a-former-co-owner-against-the-vertical-and-horizontal-syndicates.aspx https://www.advantagescondo.com/hidden-defect-rejection-of-the-legal-action-of-a-former-co-owner-against-the-vertical-and-horizontal-syndicates.aspx https://www.advantagescondo.com/hidden-defect-rejection-of-the-legal-action-of-a-former-co-owner-against-the-vertical-and-horizontal-syndicates.aspx Mon, 19 Sep 2016 17:46:00 GMT Divided co-ownership: the role of the insurance trustee An important aspect of the insurance of a divided co-ownership is the fact that the legislator has seen fit to entrust a third party with managing the reconstruction of the building, and the indemnity paid by the insurer of the syndicate in the event of a major disaster.

Indeed, Section 1075 of the Civil Code of Québec provides that:

“1075. The indemnity owing to the syndicate following a substantial loss is, notwithstanding article 2494, paid to the trustee appointed in the act constituting the co-ownership or, where none has been appointed, designated by the syndicate. The indemnity shall be used to repair or rebuild the immovable, unless the syndicate decides to terminate the co-ownership, in which case the trustee, after determining each co-owner's share of the indemnity according to the relative value of his fraction, pays the prior and hypothecary creditors out of that share according to the rules in article 2497. For each of the co-owners, he remits the balance of the indemnity to the liquidator of the syndicate with his report.”

]]> https://www.advantagescondo.com/divided-co-ownership-the-role-of-the-insurance-trustee-1.aspx https://www.advantagescondo.com/divided-co-ownership-the-role-of-the-insurance-trustee-1.aspx https://www.advantagescondo.com/divided-co-ownership-the-role-of-the-insurance-trustee-1.aspx Sat, 02 Jul 2016 17:49:00 GMT Terminology: How to distinguish between “vertical” and “horizontal” co-ownerships? Many co-owners hear about “vertical” versus so-called “horizontal” or “initial” co-ownerships and wonder about the difference between the two of them. In fact, the two are interrelated, and here’s how.

A method of developing a real-estate project in co-ownership
The terms vertical co-ownership and horizontal or initial co-ownership are used to describe the different levels of co-ownership when the real-estate promoter wishes to develop and build his project in phases, using the deeds method known as “concomitant.”

]]> https://www.advantagescondo.com/terminology-how-to-distinguish-between-“vertical”-and-“horizontal”-co-ownerships.aspx https://www.advantagescondo.com/terminology-how-to-distinguish-between-“vertical”-and-“horizontal”-co-ownerships.aspx https://www.advantagescondo.com/terminology-how-to-distinguish-between-“vertical”-and-“horizontal”-co-ownerships.aspx Fri, 29 Apr 2016 17:50:00 GMT Separation, de facto partner: Failure to plan may cause some friction Do not forget that marriage provides some protection to spouses, whether it is at the time of divorce or death. Let us also remember that the de facto partner, i.e. the one with whom we live, whether it is for one year or thirty years, does not enjoy the same protection established by law. If one desires to be protected there must be documents accordingly. Although the married spouse or the de facto partner does not enjoy full protection in case of death, especially if the couple has adolescent children together, one should however not neglect the legal consequences of marriage or a de facto partnership: simply to live separately, even if it has been for many years, does not change such legal status.

]]> https://www.advantagescondo.com/separation-de-facto-partner-failure-to-plan-may-cause-some-friction.aspx https://www.advantagescondo.com/separation-de-facto-partner-failure-to-plan-may-cause-some-friction.aspx https://www.advantagescondo.com/separation-de-facto-partner-failure-to-plan-may-cause-some-friction.aspx Wed, 18 Nov 2015 14:54:00 GMT An improper water pipe: the current co-owner is liable for damage, and the former co-owner as well! In a recent judgement from the Quebec Court, Small Claims Division¹, a co-owner was sentenced by the Court to pay damages with interest to the syndicate of co-ownership for damages caused by an improper water pipe. The co-owner alleges that it was not he who had installed this improper pipe but rather the one he bought the condo from. Sued for collateral by the current co-owner the former co-owner was ordered to pay damages plus interest in the same amount to the current co-owner. However, the current co-owner sues the syndicate to obtain reimbursement of his legal costs and compensation for loss of time, discomfort and inconvenience.

]]> https://www.advantagescondo.com/an-improper-water-pipe-the-current-co-owner-is-liable-for-damage-and-the-former-co-owner-as-well.aspx https://www.advantagescondo.com/an-improper-water-pipe-the-current-co-owner-is-liable-for-damage-and-the-former-co-owner-as-well.aspx https://www.advantagescondo.com/an-improper-water-pipe-the-current-co-owner-is-liable-for-damage-and-the-former-co-owner-as-well.aspx Mon, 02 Nov 2015 14:55:00 GMT Water damage: The co-owner is convicted, but so is his insurance provider! In a recent judgement of the Court of Québec, Small Claims Division¹, a co-owner who has caused water damage to the building was condemned to pay the syndicate of co-owners the sum of $6,397.00 representing the insurance franchise and legal fees. In turn, the co-owner’s personal insurer was ordered to pay the sum of $5,897 to the co-owner who took legal action against him on warranty.

The context
The defendant co-owner disputes the claim of the syndicate of co-ownership, and in turn took legal action against his personal insurance company in this case by calling it as collateral. The co-owner claims to be secured by this company at the time of the mishap for the complaint directed against him by the syndicate of co-ownership.
However, at the hearing, no representative of the co-owner’s insurance company showed up.

]]> https://www.advantagescondo.com/water-damage-the-co-owner-is-convicted-but-so-is-his-insurance-provider.aspx https://www.advantagescondo.com/water-damage-the-co-owner-is-convicted-but-so-is-his-insurance-provider.aspx https://www.advantagescondo.com/water-damage-the-co-owner-is-convicted-but-so-is-his-insurance-provider.aspx Sun, 18 Oct 2015 13:56:00 GMT