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Clause of the declaration of co-ownership which has the effect of imposing upon one or more co-owners restrictions on their rights which are not justified by the destination of the immovable, its characteristics or its location. Thus, a clause restricting without justification the rights of a co-owner could be determined to be abusive, as for instance a clause prohibiting the sale of a private portion to a person under 55 years of age or imposing such other discriminatory conditions.
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.…...
11/05/2024
We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur explique en détail le concept de la déclaration de copropriété. Il s’agit d’une convention qui organise et réglemente la vie collective des copropriétaires et occupants de l’immeuble. Cette convention définit notamment leurs droits et obligations. Comme il s’agit d’un acte authentique, elle doit…...
24/07/2020
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