Your Rights

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What are the parking rules for people with disabilities?

Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment.  None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility and who is the owner of an indoor parking space not adapted to his needs. Question: Is there a law that would allow this co-owner…...

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Se faire représenter à l’assemblée

Nous avons deux copropriétaires d’un appartement qui sont en instance de divorce. Monsieur ne se présente plus aux assemblées de copropriétaires depuis deux ans, Quant à sa conjointe, celle-ci est hospitalisée. Toutefois, elle souhaite se faire représenter par son fils lors de la prochaine assemblée annuelle de copropriétaires. Question : Advenant que le fils de cette copropriétaire se présente à l’assemblée pour représenter sa mère, détient il automatiquement les droits de monsieur, advenant que ce…...

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Can we ban the burkini in a co-ownership?

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. Our indoor and outdoor pool regulations are clear: only the wearing of swimsuits and swimming caps are allowed. But in our outdoor pool, we have women who wear the burkini. Question: Since we are not a public swimming pool, can we deny women who wear the burkini access to…...

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Viewing images captured by surveillance cameras: what are the limits?

The co-ownership next door to ours has experienced a few incidents of vandalism. This subject concerns some of our co-owners. The Board of Directors decided that each of the directors could view the images captured by our building's surveillance cameras at any time from their cell phones. As for me, I find everything excessive, especially when there is no recorded incident. I have expressed my concern to the members of the board of directors about…...

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Sublease and declaration of co-ownership, how to combine everything?

My tenant sublet his apartment for a period of one month. The board of directors demands that I pay a fine on the pretext that it is a short-term rental and that everything is prohibited in our condominium. However, the Civil Code of Québec gives any tenant the right to sublet. So I could not refuse his request for subletting because there was no serious reason to do so.  Now the syndicate is asking me…...

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How to prohibit short-term rentals?

We want to make an amendment to our declaration of co-ownership to prohibit renting for less than one year. Question: Does such an amendment have to be notarized or if it were not, does it have legal value? In short, do amendments have to be notarized to require compliance?...

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Does a co-owner have the right to film the common portions from his apartment?

We have a co-owner who has installed in his apartment a surveillance camera that can capture images of sidewalks located in common portions. This camera, located in his bedroom, can film passers-by through the window.  We have been informed that this co-owner plans to install more cameras to monitor the parking lot and surrounding areas this time. These are not cameras that board members have access to.  We have received questions and complaints about the…...

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Do children's cries constitute an abnormal neighborhood disturbance?

I have been a member of the board of directors of our co-ownership for ten years. We have in our building two families who have recently moved in with small children. Since then, some elderly co-owners have complained about the noise generated by crying, moving furniture and the noise of scooters. They called the police to report a situation they consider unacceptable. The police refused to receive their complaint on the grounds that the debate is civil in…...

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caricature labor relations between syndicate and employees
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Accessibility for people with reduced mobility: what are the obligations of a syndicate?

Under the Charter of Human Rights and Freedoms, adisabled co-owner is asking us to install four automatic door openers in the common portions, two of which have a remote-controlled joystick.  This co-owner told us that a significant portion of the installation costs would be covered by the Home Adaptation Program of the Société d'habitation du Québec (SHQ). However, when it was purchased, more than two years ago, this co-owner was already in a wheelchair.  He…...

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Notice of arbitration: what should the syndicate do with it upon receipt?

According to article 477 of the Code of Civil Procedure, the syndicate has the obligation to notify the co-owners of the subject of a legal claim to inform them, within five days of receipt of the notification. However, I sent a notice of arbitration to the directors by registered mail. I then forwarded the notice with the proof of receipt to a Mediation and Arbitration Centre.  Question: Does a notice of arbitration fall into this…...

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