Formal notice letter: mismanagement by a condominium syndicate

Cabinet avocat-montreal.ca
1234 Sainte-Catherine Street West
Montreal, QC H3B 1E9
Phone: 514-555-1234
Email: info@avocat-montreal.ca

Montreal, June 27, 2024

To:
Mr. Jean Dupont
4567 Avenue des Pins
Montreal, QC H2N 1T4

File reference: AMD-20240627-7789

Re: Formal notice – mismanagement by the condominium syndicate

We hereby give you formal notice, in your capacity as manager of the syndicate of the co-owned property located at 789 de la Montagne Street, Montreal, regarding clearly deficient management that breaches your legal and contractual obligations. This mismanagement is causing harm to the co-owners and requires immediate action to remedy the failures observed.

Statement of facts

Since your appointment as manager on January 1, 2023, several failures have been observed. In particular, the annual accounts have still not been provided as of April 30, 2024, although article 1076 of the Civil Code of Québec requires accounts to be rendered within 120 days after the end of the financial year. In addition, urgent roof repairs, estimated at $45,000, have been neither started nor scheduled, despite the resolutions adopted at the general meeting of November 12, 2023.

Finally, the management of the common funds appears deficient, with no clear justification of the expenses incurred over the past six months, which increases the financial uncertainty and legal insecurity of the co-owners.

Legal basis

Under article 1069 of the Civil Code of Québec (C.C.Q.), the syndicate must administer the co-owned property with diligence, loyalty and prudence. Article 1076 C.C.Q. also requires an annual accounting. Furthermore, article 1463 C.C.Q. requires the syndicate to act to safeguard the collective rights and interests of the co-owners. Your failure to meet these obligations engages your civil liability towards the co-owners^[1].

Demands

• Provide, without delay and no later than ten (10) business days, the complete annual accounts with a precise breakdown of the expenses incurred;
• Take all necessary measures to schedule and begin the roof repairs within thirty (30) business days;
• Provide a detailed report on the management of the common funds since January 2024, including all invoices and supporting documents, within ten (10) business days;
• Stop making any decision without prior consultation of the co-owners, in accordance with the declaration of co-ownership and the rules on divided co-ownership;
• Inform us in writing of any corrective action taken within seven (7) days of receiving this letter.

These measures are essential to ensure transparent management that complies with the law.

Should you fail to meet these demands within the time limits set, we will have no choice but to take the appropriate legal action to protect the rights of the co-owners. We will also claim reimbursement of the costs incurred to assert their rights, including legal fees.

Cabinet avocat-montreal.ca