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27 Articles

Water infiltration: injunction against a syndicate of co-ownership

The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in an awkward position when co-owners require major work to be carried out. This work may involve a seriously damaged balcony or, as was the case…...

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Have your municipal assessment reviewed

The municipal value of a property is often a basic measure of market value. With the increase in the market value of buildings, caused by a booming real estate market, a co-owner may have a clear interest in asking his municipality to change the value of his unit (to reflect its fair value). In this regard, an incorrect value of an apartment can lead to excessive tax bills or a depreciation of its market value.…...

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Tenant in divided co-ownership: what are the applicable rules?

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 with the board of directors or the condo manager (to request the repair of broken equipment, such as the elevator, for example). In the same…...

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Protection of personal information and co-ownership

Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by the Act respecting the protection of personal information in the private sector (ARPPIPS). With the assent  of Bill 64 on September 22, 2022, new rules for the use and…...

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Quarrelsomeness and abuse of procedure in divided co-ownership: what about it?

Life in co-ownership is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show…...

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Renting in divided co-ownership: its limits

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 right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of co-ownership list the obligations to which tenants and co-owners-lessors commit themselves when they sign a lease, such as compliance with the by-laws of the immovable.…...

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Harassment and co-ownership

Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy and interferes in his privacy can be particularly irritating and even embarrassing. If he comes to photograph him when he walks through the common portions,…...

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Ban smoking in co-ownership

A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects of second-hand smoke on the health of people exposed to it advocate prohibition. In this regard, the right to life and to the safety and…...

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Enforcing the declaration of co-ownership

The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the…...

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Airbnb type rentals

The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit. Many co-owners are unaware that this…...

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