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Excessive use of a right, resulting in the infringement of the rights of others, while disregarding the requirements of good faith.
28/12/2024
I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails,…...
23/07/2024
The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...
30/06/2024
At a meeting of the board of directors, directors must not make any decision that is biased, or with the intention of harming the co-owners (or any of them) or disregarding their rights. In case of defect, the co-owners (or a director) can now take legal proceedings to oppose decisions taken by…...
30/06/2024
The co-owners have a legal proceeding when they oppose decisions taken by the meeting of the co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances.…...
04/04/2024
In a recent case involving the Syndicat de la copropriété du 780 des Bosquets (hereafter referred to as the Syndicate) and one of its co-owners, the Honourable Judge Luc Huppé of the Court of Quebec shed light on a rather surprising course of action by the Syndicate....
10/10/2023
In their dealings with co-owners, board members must act with loyalty and fairness. They must refrain from any gesture that could amount to a settling of scores. This rule of conduct is fundamental and failure to comply with it constitutes a fault that may engage the liability of both the…...