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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.
17/01/2025
My tenant has sublet their apartment for the second time this year, for a period of one month. The board of directors is asking me to pay a fine, claiming that it constitutes a short-term rental, which is prohibited in our co-ownership. However, under the Civil Code of Quebec, a…...
09/12/2024
I adopted my dog many years ago, and he is much more than just a pet—he is part of my family. However, to my surprise, the board of directors of my co-ownership decided at their last meeting that he would now be considered a "harmful animal". This decision was imposed…...
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…...
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'…...