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Judicial application allowing a natural or legal person to ask a judge of the Superior Court of Québec for an order directing a person (natural or legal), or its officers, representatives or employees, to refrain from or cease doing something or, in cases that allows of it, to perform a specified act or a predetermined operation. This procedure allows a syndicate of co-owners to obtain an order against one of its co-owners to compel him to perform an obligation imposed by the declaration of co-ownership.
18/06/2025
On June 17, 2025, the Superior Court of Quebec rendered an important judgment in divided co-ownership law, in the case of Syndicat Jardins Windsor Phase Horizontale v. Syndicat Jardins Windsor Phase III, Telus Communications Inc. and Vidéotron Ltd. In this case, the applicant syndicate opposed the installation of telecommunications equipment…...
14/06/2025
Over the past few weeks, we have observed an unauthorized alteration to the building’s façade. A co-owner in our building has installed a satellite dish on their balcony, even though the declaration of co-ownership expressly prohibits this type of addition. The dish is visible from the outside and compromises the uniform…...
12/03/2025
The Superior Court of Quebec rendered an important judgment on March 12, 2025, in a case where the Syndicate of Co-owners sought, in addition to damages, an order for the sale under judicial supervision of the fraction of a recalcitrant co-owner, pursuant to the second paragraph of article 1080 of…...
29/12/2024
Living in a co-ownership involves striking a balance between enjoying one's unit and respecting the neighborhood. But what happens when this balance is disrupted by excessive and persistent behavior? A landmark judgment sheds light on the legal consequences of disproportionate intolerance in a co-ownership setting. This case highlights how crucial it…...
28/12/2024
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,…...
24/12/2024
In my building, the soundproofing is inadequate, amplifying the noise from neighboring apartments. I am constantly affected by the nuisance caused by the incessant barking of my upstairs neighbors' dogs and their excessively loud music, which disrupts my quality of life. My neighbor, on the other hand, faces a similar…...
20/09/2024
The syndicate has the legal obligation to safeguard the immovable, concerning work in common and private portions. Such work includes minor or major repairs, and urgent interventions, when the conservation of the built-up patrimony is affected by a fortuitous event. In such occurrences, article 1066 of the Civil Code of…...
01/07/2024
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary…...
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 Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...
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…...
22/05/2021
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change…...
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'…...
02/10/2016
I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those…...
22/03/2010
En tant que conseil d’administration, nous suspectons la présence d’un vice de construction dans l'immeuble. Quelles démarches devrions-nous engager afin de sauvegarder nos droits et ceux des copropriétaires?...