Terms and Conditions
1. Introduction
Welcome to the MaVille Enterprise Condo Management website. Briefly we introduce the purpose of the website and the services offered by Maville Enterprise. By accessing and using our services, you agree to comply with these Terms and Conditions. Please read them carefully.
2. Definitions
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“Company”: Refers to MaVille Enterprise Condo Management.
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“Website”: Refers to our online platform accessible via - www.mavilleenterprise.com
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“Software”: Refers to our proprietary condo management software provided as part of our services.
3. Acceptance of Terms
By using our website and software, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree, please refrain from using our services.
4. Governing Laws:
Bill 141 aims to formalize and regulate the rules around co-ownership in Quebec. On June 13th, 2018, Bill 141 was adopted to amend the Civil Code of Quebec regarding divided co-ownership insurance. Since then, different parts of the law have come into force in 2020, 2021, and 2022.
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The law addresses various aspects of condo management, including insurance, reconstruction costs, and the syndicate’s obligations.
Key Points of Bill 141:
Condo Reconstruction Cost and Certified Appraisal:
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As of April 15th, 2021, syndicates (condo associations) must take out insurance to cover the reconstruction cost of the building in the event of a major loss.
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Syndicates must ensure they have sufficient funds to cover reconstruction costs, preventing co-owners from having to pay for damages if the contingency fund is insufficient.
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Every five years, the syndicate must obtain an appraisal of the building by a certified member of the Ordre des évaluateurs agréés du Québec (OEAQ).
Self-Insurance Fund for Deductibles:
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As of April 15th, 2022, syndicates must maintain a self-insurance fund to cover the deductible in case of a claim.
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This fund is separate from the contingency fund used for maintenance and operational costs.
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The amount of the self-insurance fund must be equal to the highest deductible among all insurance coverages taken out by the syndicate.
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Co-owners may need to make additional contributions if the fund is depleted due to a claim.
Description of Private Portions:
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Under Bill 141, the syndicate must provide an accurate description of the private portions of the building.
Rights and Obligations:
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The law outlines the rights and obligations of both the condominium corporation and unit owners. It covers financial management, governance, maintenance, repairs, and dispute resolution processes.
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In summary, Bill 141 significantly impacts condo management in Quebec, providing a more structured legal framework for co-ownership. If you’re a condo owner or considering becoming one, understanding this law is crucial for navigating your rights and responsibilities within the condominium community.
5. Declaration of Co-ownership:
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The declaration of co-ownership is a foundational legal document in condominium living. It outlines the rights, obligations, and rules that govern the relationship between co-owners, the syndicate (condo association), and the building.
Key elements in the declaration include:
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Description of Private Portions: Details about individual units, common areas, and exclusive-use areas.
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By-Laws: Rules and regulations governing behavior, use of common areas, and maintenance responsibilities.
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Contingency Fund: Provisions for financial planning and reserve funds.
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Insurance Obligations: Requirements related to insurance coverage.
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Syndicate’s Responsibilities: Duties of the condo association.
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The declaration ensures transparency, clarity, and consistency within the condominium community.
Bill 16: Improving Co-Ownership Framework:
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Quebec’s Bill 16, passed in December 2019, significantly impacts divided co-ownerships. Its objectives include:
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Enhanced Framework: Providing a more robust legal framework for condo owners.
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Building Inspections: Regulating inspections to maintain building quality.
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Communication and Transparency: Facilitating better communication between boards and co-owners.
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Deposit Protection: Safeguarding deposits paid to builders or developers.
6. Utilization of Condo Management Software:
4.1. Access and License:
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We grant you a non-exclusive, non-transferable license to use our condo management software solely for managing your condo operations.
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You may not sublicense, modify, or distribute the software without our consent.
4.2. Data Security:
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We take reasonable measures to protect your data within the software.
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You are responsible for maintaining the confidentiality of login credentials.
4.3. Updates and Support:
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We may release updates or enhancements to the software.
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Support is available via [contact@mavilleenterprise.com]
7. Legal Compliance:
7.1. Applicable Laws (Quebec):
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Our services comply with Quebec’s Civil Code and the guidelines of the declaration of co-ownership.
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The building declaration, available in our documentation section, outlines specific rules and obligations for condo owners.
7.2. Privacy Policy:
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Our privacy practices are outlined in our Privacy Policy accessible on the website.
8. Limitation of Liability
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8.1. Indemnification:
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You agree to indemnify and hold the company harmless from any claims arising out of your use of our services.
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8.2. No Warranty:
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We provide the software “as is,” without warranties of any kind.
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We do not guarantee uninterrupted access or error-free operation.
9. Dispute Resolution:
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9.1. Governing Law:
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These terms are governed by the laws of Quebec, Canada.
9.2. Arbitration:
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Any disputes shall be resolved through binding arbitration in accordance with Quebec’s legal procedures.
10. Contact Us
For any questions or concerns regarding these terms, please contact our legal team at Contact@mavilleenterprise.com