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When a deficit occurs, there may be a strong temptation to draw on reserved funds, such as the contingency fund or the self-insurance fund, in order to quickly cover the shortfall. However, such a practice constitutes a clearly non-compliant use of reserved funds, because each of these funds has a specific legal purpose: the contingency fund is intended exclusively for major repairs and the replacement of common areas, while the self-insurance fund covers insurance deductibles…...
It is not uncommon for a syndicate of co-owners to end its financial year with a budget deficit. Although such a situation is not expressly prohibited by the Civil Code of Québec, it raises several questions, both from an accounting and legal perspective. Can a syndicate continue to operate despite a deficit? What are the legal consequences? What measures should be implemented to remedy the situation? These issues, which lie at the heart of financial…...
A co-ownership is exposed to various types of risks, such as fires, water damages, theft and acts vandalism; among these risks, one that is often overlooked is fraud. Those capable of committing fraudulent acts can sometimes be unsuspected or seemingly above suspicion; this includes director, co-owner, condo manager, service providers, and third parties. In light of these risks, it is essential to implement control measures and financial vigilance to detect and prevent any attempts at fraud…...
In many co-ownerships, managing common spaces represents a daily challenge. Among these challenges, vehicle parking is a thorny issue, just like everywhere else. There are often not enough spaces for all the cars, not to mention those that illegally occupy spots reserved for visitors or remain parked for months without moving, and no one knows who they belong to. This problem often requires the intervention of the manager or the board of directors to maintain…...
The presence of a swimming pool in a divided co-ownership is a significant attraction for the building's occupants, transforming common portions into a haven of relaxation and comfort. This facility allows residents to enjoy swimming pleasures without leaving the comfort of their home. Effective management and proper use of this common space are crucial for optimizing the well-being of the co-owners and occupants of the building. Additionally, it is important to be familiar with the…...
Losses in co-ownership are numerous: water leaks, water damages, vandalism, fire, etc. Whether they affect the common portions or the private portions, they require rigorous and immediate management. When a loss affects the building, it is up to the board of directors to make the notice of loss to the syndicate’s insurer and to supervise the repair or reconstruction work. Reactivity remains essential to properly limit the extent of the damage and to ensure the…...
Parasitic disorders in co-ownerships (condominiums) are truly present; they take the form of infestations of various insects such as cockroaches, carpenter ants, firebrats as well as bed bugs and so, without forgetting rats and mice whose presence has a repugnant and possibly harmful effect to human health. These insects and animals intrude unexpectedly into an apartment or even an entire co-ownership and can make its occupants' lives a nightmare. Most of the time, it is up to the syndicate of co-owners with regard to its obligation to maintain the common…...
Among the employees of the immovable of the co-ownership (condominium), we find the janitor; the latter's main mission is to carry out various housekeeping work in the common portions of the building and to take care of both the interior and the exterior, the entrance, the hallways, the corridors, the stairs and the garden. The janitor also ensures general surveillance of the immovable and must report any disorder if necessary; like any contractual relationship, the relationship between the syndicate of co-owners and the janitor must…...
Managing human resources in co-ownerships is a challenge from both a financial and management point of view; flexible working hours, the possibility of working from home and other work-life balance measures are all factors to be taken into account. Unless the directors carry out the housekeeping of the common portions themselves, the syndicate of co-owners will have to employ people such as a janitor, man maintenance, a doorman, a security guard, etc. It should be noted that the possibility…...
People hired by a syndicate of co-owners have rights; it's best to be aware of them and to understand the implications. The management of personnel within a co-ownership (condominium) is of the responsibility of the board of directors and so, whether it concerns the janitor, the security guard or any other employee of the immovable; he is in charge of the hiring and the laying off but also of the training and he must ensure that the work done by the employees corresponds to…...
