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Judicial application allowing a natural or legal person to ask a judge of the Superior Court of Québec for an order directing a person (natural or legal), or its officers, representatives or employees, to refrain from or cease doing something or, in cases that allows of it, to perform a specified act or a predetermined operation. This procedure allows a syndicate of co-owners to obtain an order against one of its co-owners to compel him to perform an obligation imposed by the declaration of co-ownership.
20/09/2024
The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of…...
01/07/2024
Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners of the immovable and the minutes of the co-owners…...
30/06/2024
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...
30/06/2024
The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...
30/06/2024
Initiating legal proceedings against a syndicate of co-owners is a measure of last resort, after having unsuccessfully explored private dispute prevention and resolution process. This path requires careful preparation and a thorough knowledge of the rules of law. This fact sheet is designed to guide those who are considering going…...
29/12/2023
Current legal events tell us that it can be costly for a delinquent co-owner not to respect the declaration of co-ownership. Recall that Condolegal reported, in a news item of April 2, 2023, a judgment of the Superior Court condemning a co-owner who rented her apartment on a short-term basis, in…...
22/05/2021
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change…...
27/12/2017
A co-owner carried out work on their terrace (a common portion for restricted use) without obtaining prior authorization from the board of directors. Since this work, leaks have been detected at the roof level, causing damage and posing risks to the building's integrity. This situation illustrates the limitations of co-owners'…...
22/03/2010
En tant que conseil d’administration, nous suspectons la présence d’un vice de construction dans l'immeuble. Quelles démarches devrions-nous engager afin de sauvegarder nos droits et ceux des copropriétaires?...
09/08/2022
I am constantly disturbed by noise in my condo, because its soundproofing is deficient. The co-owners living upstairs aggravate me, because of constant barking and loud music. My next door neighbour has the same problem with her neighbors above, who have recently installed hardwood floors! Question: What are our…...