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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…...
Electric vehicles (EV) are increasingly seen as one of the transport methods to reduce the impact of car traffic on the climate. With the effort to be made to substantially reduce Quebec's greenhouse gas emissions and to contain the increase in temperatures by the end of the century, the sale of EV has become a must. In Quebec, in 2030, the number of EV is expected to increase to 1.5 million, representing 30% of the Quebec…...
Selecting the services of a good condo manager requires a thorough and thoughtful process; it is up to the board of directors to decide whether they prefer a small or large co-ownership (condominium) management company, this choice needing to consider not only the size and specific features of the immovable but also the importance of choosing a manager who stands out for their honesty, their skills and their availability as well as having am unwavering commitment to the co-ownership. …...
Many co-ownerships (condominiums) have elevators because they are built vertically; occupants who live there especially the elderly or those have reduced mobility expect them to be in continuous operation. The concerned syndicates of co-owners are thus required to guarantee that the elevators are brought up to meet the required standards. Elevators must be kept in good working order, safety work must be carried out and the technical inspection of the elevator must be carried out according to the requirements of the…...
In a divided co-ownership, most storage water heaters (electric or gas) play an essential role in the daily comfort of residents; typically installed inside the apartments, these devices are considered to be part of the private portions thus falling under the individual responsibility of each co-owner and so, it is imperative for them to ensure the proper functioning of their water heaters by paying a particular attention to any signs of aging or failure. ...
The co-ownership (condominium) gives rise to expenses relating to the maintenance of the common portions and the day-to-day administration of the syndicate. Administrative, maintenance, replacement, improvement or alteration expenses of the common portions are divided among the co-owners of the immovable. General common expenses are to be distinguished from particular common expenses; in the first case, it is the relative value of each fraction that is used to establish the co-owners contribution whereas for particular common…...
Preparing a forecast annual budget is an unavoidable task in a co-ownership (condominium); its preparation, preliminary examination and adoption will ensure the proper functioning of the syndicate of co-owners. It is up to the board of directors to define the terms of the forecast annual budget based on the expenses that will have to be paid to allow the syndicate to respect its obligations; the budget also makes it possible to fix the amount of the contributions of each co-owner related to…...
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…...
The desire to preserve the safety of people and property may lead both the syndicates and co-owners to consider installing surveillance cameras in the building. For many, when a co-ownership (condominium) faces repeated acts of vandalism or experiences burglaries, video surveillance is often seen as an effective solution, especially since the decrease in costs and technological advances have made it more accessible. However, the legality of installing cameras in co-ownerships raises several issues and sparks debates, particularly among…...
The concept of water damage refers to the damages caused to property by the action of water; it can be a pipe that bursts because of the frost, the drain pipe of the washing machine that breaks or the bathtub that overflows. Water damages are probably the most recurrent problems in immovables in a co-ownership (condominium) regime; as a matter of fact, over the past ten years, the proportion of this type of loss has more than doubled. Furthermore, water…...
