Questions & Answers

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Quelles sont les modalités à respecter pour régulariser un empiètement dans les parties communes?

Nous avons découvert, par suite de la réalisation d’un certificat de localisation d’un appartement, qu’une partie importante de celui-ci déborde sur les parties communes. Selon le notaire, qui doit procéder à la vente de cet appartement, cela a pour conséquence de créer un vice de titres pour l’ensemble des copropriétaires de notre immeuble. Questions : Quels sont le processus et les modalités à respecter lorsqu'un copropriétaire désire faire régulariser cette problématique? ...

Purchase

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Common expenses: what your real estate broker has a duty to do or say

I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of…...

Purchase

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Selling your apartment: documents to provide

Question: I want to sell my apartment. I am aware that I must provide a number of documents to the real estate broker who takes care of the sale, to the buyer in the making whose offer I will have accepted and to the  notary who is in charge of drafting the official documents of the sale. Specifically, whatare the documents to be communicated to the buyer of a co-ownership?...

Purchase

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Sale: Request for information on co-ownership

As directors, we frequently have to complete and provide documents to notaries and real estate brokers. Questions:  We want to know: If we are entitled to charge a fee to take care of these files? If so, what is the amount considered reasonable?  Should we proceed by adding to the by-law of the building? If so, can we proceed by a majority vote or simply by decision of the Board of Directors? ...

Purchase

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Disposal of a common-use parking area for restricted use: how to do it?

Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private portion ?...

Purchase

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Do I have a right to demand a certified copy of the declaration of co-ownership from the seller ?

Question:  At the time of the purchase of my condo, do I have a right to ask the seller for a certified true copy (authentic copy) of the Declaration of Co-Ownership?...

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Contingency Fund : Can I be reimbursed ?

Question:  We have accumulated significant sums for the repair of the roof, which is to take place in ten years. As part of the sale of my apartment, can I ask the buyer or the syndicate for a refund of the contributions I have paid to the contingency fund?...

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Will my co-ownership be built for non-smokers ?

  I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be prohibited in the private portions of the building to be built?...

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Cracks already!

I am the co-owner of a new condo. Other owners and I have recently discovered cracks in the foundation of the building, as well as water infiltration in the garage. The promoter is mute, and we have not yet transferred the administration. Question: Should we refuse to elect our first Board of Directors, until the issues identified have been corrected? And should I sell immediately before other major problems arise?...

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What is the origin of the word “condo”, and what does it mean?

  We often hear the words "condo", "condo fees", "purchase and sale of a condo" and "Condolegal.com". Question:  What is the origin of the word “condo” and what does it really mean?...

Purchase