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Person who holds, under a lease agreement, the right to use a private portion (e.g. an apartment or a parking space) and the other rights of use attached thereto (e.g. the swimming pool or the training room) in consideration of the payment of an amount of money, i.e. the rent. His rights are limited to those available to the co-owner-lessor. The by-laws of the immovable are enforceable against the lessee, upon his being given a copy of the by-laws and of its amendments by his co-owner-lessor or, failing the co-owner-lessor doing so, by the syndicate. The lessees are subjected to the same legal rules as the co-owners.
05/01/2025
The co-ownership register is not merely an administrative tool; it is the heartbeat of property management. Beyond recording the names and addresses of co-owners, it must also include detailed information about tenants and other occupants. This data is essential for efficiently managing interactions with all residents and ensuring effective communication,…...
14/12/2024
Two recent rulings by the Court of Québec underscore the significant difficulties syndicates encounter when attempting to recover insurance deductibles for damages caused by tenants, highlighting not only the legislative and practical shortcomings in claims management but also the broader implications of these challenges, which persist despite amendments to article 1074.2…...
17/09/2024
The purchase of a condo leased to a third party is a frequent occurrence in the resale market. Save for an agreement to the contrary, nothing prohibits a co-owner lessor from selling and a purchaser of purchasing an apartment even though the tenant wishes to continue to reside in it.…...
01/07/2024
In recent years, there has been a trend towards renting units held in divided co-ownership in large urban centres as well as in resort centres. Although renting a property is a recognized ownership right for a co-owner, he must know the rules applicable in this matter. The law and the declaration…...
01/07/2024
In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact…...
16/06/2024
The syndicate's right of access to a private portion must be exercised in a reasonable manner. Work to be undertaken by the latter, even when justified, requires that the occupants of the apartment be notified before the work starts. Thus, it will be necessary to warn them in advance so that they…...
20/05/2024
With the increasing presence of tenants in divided co-ownership buildings, it is essential for all stakeholders to fully understand the issues related to insurance coverage. Unlike in other countries, Quebec law does not require tenants to purchase “home insurance”, which would cover their belongings and civil liability in the event…...
30/03/2021
We are concerned about the comings and goings of strangers in our building. This concern is all the more justified by the fact that some of our co-owners rent without right, for short periods, to travelers (Airbnb-type rental). Question: Can the Board of Directors ask to see a tenant's id…...
11/10/2020
Comment gérer le locataires d'une copropriété? Quels sont les devoirs d'un copropriétaire bailleur? Est-ce que les administrateurs peuvent intervenir, afin de rappeler à l'ordre des locataires qui ne respectent pas le règlement de l'immeuble? Cette webradio répond à toutes ces questions, et à bien d'autres....
05/09/2020
Un nouveau règlement entré en vigueur le 1er mai 2020 fait en sorte que dorénavant, si la déclaration de copropriété est muette à propos de la location de type hôtelière (par exemple Airbnb), un copropriétaire devra demander la permission au conseil d'administration, s'il veut s'adonner à cette activité dans son…...
14/01/2019
Another decision regarding noise in co-ownership in Quebec has recently contributed to the ongoing issue of abnormal neighborhood disturbances. This judgment was rendered by the Honourable Luc Huppé, Judge at the Court of Quebec – Small Claims Division. It was demonstrated in this case that co-owner landlords can be held…...
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09/08/2022
A co-owner has repeatedly caused several water damages in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance. Question: Can the board of directors claim the full amount from the co-owner who caused the loss?...
14/01/2017
The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...