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Professional fees that a client must pay to the lawyer representing him or her. In principle, each party involved in a dispute must bear the extrajudicial fees of its own lawyer. One of the exceptions to this principle is abuse of rights. Thus, the Code of Civil Procedure provides that the court has the power to punish substantial breaches noted in the conduct of the proceeding by ordering the offending party to pay the professional fees of the other party’s lawyer. In addition, a penal clause, incorporated in the declaration of co-ownership, may provide that an offender co-owner is required, in certain circumstances, to assume the extrajudicial fees of the syndicate's lawyer.
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…...
02/04/2024
Optimal management of a co-ownership (condominium) is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...
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…...
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'…...