Short-term rental and condominium
Short-term leasing has been regulated in Quebec and several adjustments have been made to reflect the reality of the market so that the coercive measures in place allow compliance with the regulations. Short-term rentals are very popular in condominiums. Many co-owners will buy a condominium to only rent it on platforms like Airbnb.
An injured co-owner: the Court held that the syndicate is not responsible
In a recent decision of the Superior Court¹, the Court had to judge whether bodily injury to a co-owner of the building committed the liability of the syndicate of the condominium because of its duty to properly maintain the common portions of the building.
The decision, which includes fourteen pages, deals in detail with the medical evidence of the co-owner, as well as with the counter-proof of the syndicate. However, we will only analyze the Court’s reasoning in relation to the question of whether the syndicate’s liability could be incurred or not.
Emergency fund works with special contribution: The Court confirmed that a vote from the co-owners is not required
In a recent judgement of the Court of Quebec, Small Claims Division, which rendered a simultaneous decision on seven separate requests from co-owners against their co-ownership syndicate and its insurance company 1, the Court reaffirmed the principle by which decisions of the syndicate on major work from the contingency funds and the issuance of a special contribution levied, should not be adopted by a majority vote of the assembly of co-owners.
Who pays for the replacement of the windows? The syndicate of co-ownership must comply with the provisions of the Civil Code of Quebec
In a recent judgment of the Court of Quebec, Small Claims division¹, the Court reminded a syndicate of co-ownership that, in the absence of an express provision in its declaration of co-ownership, it is not up to the co-owners to pay the cost of replacing their windows, but rather to the syndicate using its contingency fund.
Repairs to the structure of a floor: The Court decides that they are the responsibility of the syndicate
In a recent judgment of the Court of Quebec, Small Claims Division1, the Court had to decide whether the cost of structurally repairing the floor of a condo should be borne by the co-owner or the syndicate.
A couple, owners of a unit in the co-ownership, claims $246.75 for damage in the structure of the floor of the bathroom of their condominium. The couple believes that this concerns a common portion, and therefore the responsibility of the syndicate of co-owners.
How to turn paper into ringing cash or execute a decision of the Régie du logement
When a judgment of the Régie du logement condemns the tenant to pay the landlord unpaid rent or damages with interest it is important to know that it is now up to the owner to enforce execution of the judgment in order to get the money from the tenant. Obtaining the amounts awarded by the court is generally done in two ways: one which is called “voluntary,” the other by implementing the so-called “forced” way. We will first discuss voluntary compliance.