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.
In a recent decision of the Court of Quebec, small claims division, the Court decided that a syndicate of co-owners could be held liable for damage caused by falling snow from its roof, but could avoid liability if it proves having committed no fault.
You have chosen to sell your condo and you managed to find a buyer. However, like any discerning buyer, he would want to know more about the co-ownership in which your condo is located. What are the documents and other information one might ask you in the months and weeks prior to the signing of the deed?
The Syndicate of the co-ownership claims from a co-owner shared expenses, administrative costs and interest. The co-owner refuses to pay his contribution to the common expenses, and he challenges the Syndicate’s request to pay them with one check or pre-authorized debits. The Syndicate would want him to sign a form of pre-authorized debits without specifying the amount that can be withdrawn. The co-owner argues that this amounts to no less than to sign a blank check, which he refuses.
The co-owner had offered and deposited each month since the filing of his challenge which was the equivalent of the amount of the contributions he had to pay monthly.
In a recent decision1 of the Court of Quebec, Small Claims Division, the Court felt that it was important to remind the directors of a co-ownership syndicate as well as a co-owner of the importance for everyone to be flexible in their relations.
The Court noted that quite often some people decide to contribute to the development of their co-ownership by being actively involved in the management of the building. The administrators, although they are regularly in good faith, must act with prudence, diligence, honesty and loyalty, and this in the interest of the syndicate.