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As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors. However, this director has not reported on his administration since the publication of the declaration of co-ownership! Even worse, we don't know what he did with the condo fees he collected. Question: What rights do we have against…...
I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children. Question: Can our syndicate compel these smokers to install an air freshener in their apartment?...
Our co-ownership is composed of more than 350 apartments, and a significant percentage of these are owned by co-owners who rent to tenants of Muslim faith. Many of these tenants regularly use the common facilities, including the pools. Our indoor and outdoor pool regulations are clear: only the wearing of swimsuits and swimming caps is allowed. However, in our outdoor pool, we have observed women wearing the burkini, which has raised questions among residents. Question:…...
A co-owner in our building regularly complains about second-hand smoke coming from his neighbour's balcony, where both cannabis and cigarettes are being consumed. He claims that the smoke infiltrates his unit and negatively affects his quality of life. Other residents are beginning to support this complaint, citing health concerns, respiratory discomfort and persistent odours. This situation is causing growing tensions within the co-ownership. Question: Can smoking be prohibited in our co-ownership, both in the common portions…...
We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it…...
As I approach this milestone, I have started to explore the potential financial advantages available to seniors. I will be turning 70 this year. Living in a co-ownership where maintenance costs for common portions and various services are shared among co-owners, I am wondering about the tax benefits I might be eligible for as a senior. Questions: Am I entitled to claim the tax credit for expenses incurred for home support services provided or to be…...
I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails, but they didn’t solve anything. The syndicate has been aware of this situation for a year and a half but nothing is happening. The last few…...
I have been living for a year in a condo I bought in a recently built building. To my surprise, there is still no contingency fund being funded. We pay the common expenses of the immovable monthly (maintenance, snow removal, condo insurance), but no 5% of the budget contribution to "Contingency fund". Yet, a lawyer friend told me it was mandatory! Question: Is this normal?...
In my building, the soundproofing is inadequate, amplifying the noise from neighboring apartments. I am constantly affected by the nuisance caused by the incessant barking of my upstairs neighbors' dogs and their excessively loud music, which disrupts my quality of life. My neighbor, on the other hand, faces a similar issue: her upstairs neighbors recently installed hardwood flooring, and every step echoes loudly, disturbing her peace. We are seeking solutions to put an end to…...
I am outraged that my syndicate of co-owners is failing to fulfill its legal obligations under article 477 of the Code of Civil Procedure. After sending a notice of arbitration to the directors by registered mail and submitting the supporting documents to a Arbitration center, no notice was communicated to the co-owners. Yet, this article requires the syndicate to inform all co-owners of the subject of any legal proceeding within five days to ensure transparency regarding actions…...
