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Clause, in a declaration of co-ownership, that does not comply with a mandatory provision of the law. Such an unlawful clause is deemed never to have been included in the declaration of co-ownership. However, it shall not entail the nullity of the act containing it. Any stipulation of the declaration of co-ownership that changes the number of votes required to make a decision under Chapter III of the Civil Code of Quebec, dealing with divided co-ownership of an immovable, is deemed unwritten. In addition, article 1074.2 of the Civil Code of Quebec states that any stipulation that derogates from the provisions of the first paragraph is deemed unwritten, this paragraph dealing with the recourse of the syndicate against the co-owner at fault is therefore limited to damages caused by his fault.
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
20/07/2024
.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization…...