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Sanction imposing upon a co-owner the payment of an amount of money, determined in advance, in case of a contravention of the declaration of co-ownership. The syndicate of co-owners imposing a fine bases its decision solely on the co-owner's breach (and not on the damage resulting from his breach). However, the court is entitled to reduce the sanction if the penal clause which provides for it, is abusive.
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…...
01/07/2024
If hotel-type short term rentals are allowed in your co-ownership, any apartment owner who wishes to rent to tourists must take the following precautions. The most important one is to ensure that he abides to the Tourist Accommodation Act (the Act) and it’s Regulations. He will also ensure that he does…...
09/08/2022
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,…...
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'…...