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Official decision of the court in a legal case ruling upon a dispute between the parties or determining their rights and obligations within the framework of legal process.
WHAT YOU SHOULD KNOW ! A judgment condemning the syndicate to pay a sum of money is executory against the syndicate and against each of the persons who were co-owners at the time the cause of action arose, proportionately to the relative value of his fraction.
WHAT TO KEEP IN MIND : A judgment condemning the syndicate to pay a sum of money may not be executed against the contingency fund, except for a debt arising from the repair of the immovable or the replacement of common portions, or against the self-insurance fund, unless the judgment is in respect of the recovery of an amount for the payment of which the fund is to be used.
WARNING ! A right resulting from a judgment is prescribed by 10 years if it is not exercised.
16/06/2024
The contingency fund constitutes first and foremost a prevention tool. The desire to incite co-owners to anticipate the completion of important work is not news. Prior to the entry into effect of the Civil Code of Québec in 1994, it was a frequent occurrence for a co-ownership (condominium) to have…...
30/03/2024
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…...
13/12/2010
For the promising buyer, the offer to purchase is a way to reserve a property on conditions that he sets himself. When signing an offer to purchase, it may be that certain aspects surrounding the sale are beyond its control. This will happen, for example, if they have to sell…...
30/03/2010
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...