There are two types of litigations related to individuals :
1. Abusive behavior by an occupant causing abnormal neighborhood disturbances
Whether they are tenants, owner-occupiers, or landlords of a property within a condominium, all individuals must comply with the rules governing the use of shared and private areas, as defined by the condominium regulations and the rental agreement they have signed.
If the rental agreement requires the tenant to ensure peaceful enjoyment of the property, the condominium regulations prevail and must be respected by all residents of the building, even if they are tenants. As such, tenants must not cause neighborhood disturbances (e.g., noise, odors) or obstruct or damage common areas. However, since the condominium association has no legal relationship with a tenant, it is the landlord’s responsibility to enforce compliance with the condominium regulations by their tenants (the landlord must inform the tenants of the relevant provisions in the condominium regulations at the time the lease is signed). The landlord may also be held responsible for the costs of repairing any damage caused by their tenants. Nevertheless, the condominium association is entitled to request reimbursement for these costs. Such situations often lead to significant disputes within the condominium
Example &
Practical
Several residents of a condominium complained to the property manager about neighborhood disturbances and damage to common areas caused after the arrival of a new tenant who was allegedly engaging in prostitution in her apartment. Indeed, some neighbors reported unusual comings and goings, regular damage to the entrance door lock, loud noises, and violent behavior in the common areas. These actions were contrary to the notion of “bourgeois occupation” as defined in the condominium regulations, prompting the need for investigations.
The investigations revealed that numerous individuals were coming in the building to visit the tenant’s apartment, thereby enabling her activities as a prostitute.
Our investigation report allowed the property manager to take action with the landlord and obtain the termination of the rental agreement, resulting in the tenant’s departure.
2. Non-compliance with the employment contract by an employee hired by the condominium association
When it comes to disputes within a condominium, some involve employment contracts binding the condominium association (represented by the property manager) to employees, such as janitors or caretakers (who often reside on-site in their lodges) or building staff.
Example &
Practical
A caretaker, employed by a condominium association, is bound by an employment contract specifying working hours and specific duties. The property manager reached out to us after some residents suspected the caretaker of engaging in personal business activities during hours when he was supposed to be present at the condominium premises.
Our investigations revealed that, during his mandatory working hours, the caretaker would regularly leave the condominium with his utility vehicle to visit construction sites and carry out apartment renovation work for a construction company.
Given the numerous pieces of evidence collected, which constituted a breach of the caretaker’s employment contract, the condominium association was able to negotiate the termination of this employment contract with the caretaker.
Cabinet Arnoult International’s intervention will aim at establishing proof of the breach of contractual obligations binding the parties
Service agreement
For each mission, a contract is drafted, specifying the purpose of the mission, the methodology, the financial terms, and the timeline for execution.
Lead investigator
Your case will be handled by a dedicated lead investigator who’s going to be your only contact, in charge of coordinating and managing the investigations.
Investigation report
At the conclusion of the investigations, a detailed, thorough, and precise investigation report will be drafted. It may be presented, if necessary, before the competent jurisdiction.