Directors and managers of condominiums are required to make choices heart-rending. It is the survival of the building.
On the background of the massive return of the baby-boomer generation, thousands of co-owners face the closed doors of their common spaces. Swimming pools, terraces, gyms, saunas, salons, and libraries are now inaccessible, by order of the syndicate of co-ownership.
Some confine themselves to complaining, much to raise the tone in the hallways, up to contact their lawyer ! The union holds these powers ? Quebec a total of 360 000 units of condos, which is home to 700,000 people.
“The conflict has taken another twist to The Nuns’ Island two weeks ago, tells Me Yves Joli-Coeur, lawyer specializing in co-ownership. One of the owners had stumbled, with his family, at the door of the indoor pool, which is locked by the manager of the building. Enraged, he threatened to demand his removal and even one of the directors. He hadn’t understood the principle of social distancing. Of volunteer administrators have had a long chat with him. Cases like this are multiplying everywhere. “
These common spaces are often the soul of a condominium. Many owners do not understand why it is necessary to close them. All the more that a very large number of elderly people : these places are the only ones where they can socialize. They often challenge the right of the directors to close them.
According to article 1039 of the civil Code, the trade union can, however, take actions to ensure the good of the community. But when we wrote this article, had been a pandemic in your head ? The last, that of the Spanish flu, dates back to 1920. Well before the invention of the condominium.
Especially since many of the directors, the volunteers, raise the question of their legitimacy.
What decision should they take if the regulations of the building plans to hold an annual meeting to vote on the regulations, the budget, renew certain contracts (such as insurance) or the conduct of the elections, while Quebec has banned the gatherings ? How should we adopt regulations, in disaster to prohibit more than one person in the elevator ? Or expand the mandate of the firm maintenance, to clean on a daily basis the common areas still accessible, install dispensers of Purell ?
A condominium is a real life environment. To maintain the harmony, the union must, above all, communicate regularly with the owners, in order to encourage them to cooperate. And to explain, again and again, each of the decisions.
- The law provides that in the event of force majeure, such as an epidemic, the administrators can remain in place, all the time returns to normal. The budget is simply maintained. They may hold their meetings by FaceTime or Skype. In writing the minutes is a must. More info : https://fr.condolegal.com/syndicat/chroniques/yves-joli-coeur/2759-CORONAVIRUS-COVID-19
- The directors may renew or negotiate new contracts, or adopt new temporary regulations. It is preferable to display the decision and, in particular, what has motivated.
- Co-owners, directors and managers should establish a chain of solidarity to support the co-owners over 70 years of age, who are often isolated.