Definition : Legal hypothec of the syndicate of co-owners

A guarantee that may be registered by the syndicate of co-owners against the fraction of a co-owner in default of paying his share in the common expenses for more than 30 days. In addition to covering the amounts due on the day the notice is entered, it covers the expected amount of charges and claims for the current financial year and the next two years.

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Unpaid common expenses and obligations of the new owner

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…...

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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.…...



Webradio du 9 septembre 2020: L'hypothèque légale de la construction

Certains copropriétaires expérimentent l'hypothèque légale de la construction. Elle signifie qu'après avoir acheté l'appartement convoité, ils devront assumer les honoraires des sous-traitants que le constructeur n'a pas payé....



Collection of unpaid common expenses

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…...

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Title insurance and legal hypothecs

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 contractor and…...