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The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by…...
A co-ownership may face a multitude of risks such as fires, water damages, break-ins and acts of vandalism. In the event of a loss, the co-ownership's insurance plays an essential role in ensuring its sustainability and so, by covering not only the immovable itself but also the civil liability of the syndicate of co-owners. It is imperative for any syndicate to conclude a suitable insurance, a requirement stated in the Civil Code of Québec and reiterated by the majority…...
Effective management of a loss (e.g. water damage and fire) requires the implementation of prompt and effective actions so that your building is repaired in the best delays. This article is a summary, of the precautions to be taken and a check list of things to do once you become aware of a loss, whether in a private or common portion of your immovable....
The day-to-day administration of the co-ownership may be entrusted to a co-ownership manager who may or not be chosen from the co-owners; thus, the syndicate can delegate to the co-ownership manager other tasks and responsibilities that are generally handled by the board of directors such as the collection of claims, the publication of a notice regarding a legal hypothec on the fraction of the defaulting co-owner as well as to institute legal proceedings for all matters concerning its administration. In brief, the task management of the co-ownership…...
The appointment of meeting officers is necessary to hold a meeting of co-owners. The titles that can be occupied by the meeting officers are as follows: president, vice-president, secretary and scrutineer; although the functions of each of these roles are distinct, their purpose is to ensure that the debates are properly conducted and that they are transcribed in the minutes in order to record the decisions that were taken. The by-laws of the immovable (second part of the declaration of co-ownership)…...
The director plays a leading role in a co-ownership; as a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business which implies a working knowledge of the tasks related to this function. As such, directors must act with prudence, diligence, honesty and loyalty because they evolve in a legal environment where their civil liability can be sought as part of their mandate on behalf of the co-ownership as well as towards third party…...
Water damages represent the main cause of loss in co-ownerships; this is why it's essential to conclude an insurance contract in order to be covered against future water leaks. It's important to note that the syndicate has an insurable interest in the entire immovable including the private portions; he must negotiate insurances providing a reasonable deductible against the usual risks covering the entire building excluding improvements made to a private portion by a co-owner when they can be identified in relation to…...
Whether semi-detached or row, the townhouse is a good compromise between the typical co-ownership apartment and the single-family home. This type of project is established in "horizontal co-ownership". Each of the fractions is composed of a private portion (usually a house) and a share of common portions (the land). Each co-owner is the owner of his private portion "from nadir to zenith", while the common portions are usually limited to traffic lanes, parking lots and certain…...
When you own an apartment in a co-ownership, you share the common portions, such as the roof, the lobby and the elevators in undivided ownership with the other owners. By the same token, you also share a portion of the liabilities attached to them....
Contrary to other jurisdiction, Québec Law does not compel a lessee to subscribe “home insurance” which, in the event of a loss, covers his property and his civil liability. This “negative-obligation” becomes a problem if your lessee causes damages to a third party and he is not insured. In such cases, the declaration of co-ownership can hold you (the co-owner) solidarily liable for the damages he has caused. Civil liability Your lessee is liable…...