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Security given by operation of law. There are 4 different types of legal hypothecs:
1. Legal hypothec of the state: For claims of the State for sums due under fiscal laws, as well as certain other claims of the State or of legal persons established in the public interest , specially provided for in specifics acts ;
2. Legal Hypothec of construction: For sums due to persons (architect, engineer, and supplier of material, worker, contractor or subcontractor) having taken part in the construction of a building or the renovation of an immovable;
3. Legal hypothec of the syndicate of co-owners: For the sums due by a co-owner in default of paying to the syndicate of co-owners his share of the common expenses or his contributions to the contingency fund for more than 30 days.
4. Legal hypothec resulting from a judgment: For sums due under a judgment .
30/05/2024
The failure to pay general or special common expenses (condo fees) is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have…...
29/05/2024
You move into your new condo. A few weeks later, a bailiff knocks on your door and serves upon you a notice of preservation of a legal hypothec of construction. He also served all your neighbors. Reading this document, you learn that a dispute remains unresolved between the developer and…...
25/05/2024
The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to…...
24/03/2024
Common expenses (condo fees) must be paid by any co-owner. If they don't pay, they are considered "in default". The management of unpaid common expenses in co-ownership is a complex subject, often a source of concern for both syndicates and buyers. Indeed, the latter may find themselves responsible for the…...
23/11/2023
The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership.…...
03/12/2023
When you buy in a newly built divided co-ownership, a portion of the fractions of the building (apartment, parking or storage space, etc.), or even all, can be the subject of a notice of legal hypothec of construction. The Civil Code of Quebec introduced this hypothec in order to protect…...
11/04/2019
9 avril 2019 — Les frais de condo en souffrance peuvent entraîner un imbroglio juridique duquel personne ne ressort gagnant. C’est ce qui est arrivé à un couple de copropriétaires qui, après avoir fait défaut de payer ses frais de condo, a dû faire face à la publication, par son…...