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Action by which a person (the creditor) formally requests, in writing, another (the debtor) to do or not to do something (to pay common expenses, to abide to the declaration of co-ownership, to suspend construction work irregularly undertaken, etc.)under specific terms and within a specified timeframe. Its purpose is to encourage the debtor to fulfill their obligations and avoid the need for the creditor to take the matter to court. Additionally, if the formal notice remains unanswered, late payment interest may accrue from the date the notice was delivered, particularly when it involves the payment of a sum of money.
WHAT YOU SHOULD KNOW ! In some cases, a formal notice is a mandatory preliminary step before initiating legal proceedings (e.g., in cases of latent defects or claims against a municipality for material damages). This principle was clearly established by the Court of Appeal in the case Syndicat des copropriétaires du condominium Verrières VI c. Maddalon, 2019 QCCA 1737. In this case, the syndicate’s failure to send a formal notice to the co-owner responsible for a loss, prior to commencing work, resulted in the syndicate losing the ability to claim the deductible from the responsible co-owne
WHAT TO KEEP IN MIND : A syndicate of co-owners must imperatively mandate a lawyer to draft and transmit a formal notice to one of its debtors, failing which it may face legal penalties.
WARNING ! It is prohibited for a syndicate director or manager to draft and send a document implying that legal proceedings will be initiated. However, section 129 of the Act respecting the Barreau du Québec provides an exception to the lawyer’s monopoly in this area, allowing notaries to draft and send a formal notice in certain specific cases.
12/01/2025
Following a water damage incident in the building, the syndicate of co-owners took the necessary measures by reporting the claim to its insurer. A $25,000 deductible was applied as part of the claim settlement, and the syndicate now seeks reimbursement of this amount from the co-owner identified as responsible for…...
01/07/2024
In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance.…...
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01/07/2024
The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...
01/07/2024
Article 1726 paragraph 1 of the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or…...
01/07/2024
A bathtub or a washing machine that overflows into the apartment below, a water heater that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in…...
01/07/2024
Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners of the immovable and the minutes of the co-owners…...
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…...
30/06/2024
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…...
28/06/2024
The law has provided legislative provisions for syndicates of co-owners to ensure they are protected in the event of poorly executed work (article 1081 of the Civil Code of Quebec). The legislator aims to address the issues that may arise following a construction project. When work is carried out in…...
11/04/2024
Parasitic disorders in co-ownerships (condominiums) are truly present; they take the form of infestations of various insects such as cockroaches, carpenter ants, firebrats as well as bed bugs and so, without forgetting rats and mice whose presence has a repugnant and possibly harmful effect to human health. These insects and animals intrude unexpectedly into an apartment or even an entire co-ownership and…...
22/02/2024
The condo manager bound to a syndicate of co-owners by a contract for services does not have the same relationship with his client as the one who has the status of an employee and so, regarding a contract of employment; that being said, regardless of the nature of the relationship between…...