By continuing your navigation, you accept the use of cookies to have services and offers tailored to your interests.
To learn more view our Cookie Policy.
Clause of the declaration of co-ownership (constituting act of co-ownership) which fixes in advance the monetary sanction (a fine) the syndicate may claim from a co-owner following the occurrence of a contravention of one of its provisions. However, the amount of the penalty may be reduced by the court if the clause is determined to be abusive. The penal clause may also hold the co-owner liable for extrajudicial fees incurred by the syndicate to enforce the declaration of co-ownership, to the extent that they are reasonable reasonable in all the circumstances. In particular, the Court must take into account that the payment of extrajudicial fees and disbursements, where permitted by such a clause, is intended to encourage a co-owner to comply with his obligations and, where he does not, to avoid a recurrence.
WHAT YOU SHOULD KNOW ! Bill 16 (art. 30) amended article 1053 of the Civil Code of Quebec by specifying that all penalty clauses applicable in the event of a contravention of the declaration of co-ownership are now part of the constituting act of co-ownership. In addition, any penalty clause included in a By-Laws of the immovable, before the coming into force of Bill 16 (January 10, 2020) is now deemed to be part of the constituting act of co-ownership (art. 150 of Bill 16)). Consequently, any decision to introduce or modify a penalty clause in a declaration of co-ownership must be made by the meeting of co-owners in accordance with article 1097 of the Civil Code of Quebec.
WARNING ! The sums that could be due under a penalty clause are not common expenses (condo fees). They cannot be legally transformed into common charges, despite the requirements of a declaration of co-ownership to this effect. These sums cannot be secured by a legal hypothec in favour of the syndicate of co-owners. Nor can a co-owner be sanctioned for his non-payment, by suspending his voting rights and disqualification from being a director. Finally, the buyer of a fraction cannot be required to pay such sums due by his seller, because of article 1069 of the Civil Code of Quebec.
13/01/2026
On January 8, 2026, the Superior Court of Quebec rendered a particularly instructive and nuanced judgment in the field of divided co-ownership in Martin c. Syndicat des copropriétaires Somerset 2060. This decision provides valuable guidance on several sensitive and frequently encountered issues in co-ownership governance, notably the prolonged and unauthorized…...
14/07/2025
As a member of the board, I would like to report a situation concerning the grassy area in the common portion. Previously little used, it has become a gathering place in the late afternoons and on weekends since the arrival of young children in the co-ownership. Water games and inflatable…...
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…...
28/02/2025
Article 7 of the Charter of human rights and freedoms guarantees the inviolability of a person's home. In principle, no one may have access to a co-owner's apartment without his or her consent. However, it has been rightfully ruled that this rule is not absolute. For this reason, most declarations…...
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…...
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…...
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…...
14/06/2024
In many co-ownerships, managing common spaces represents a daily challenge. Among these challenges, vehicle parking is a thorny issue, just like everywhere else. There are often not enough spaces for all the cars, not to mention those that illegally occupy spots reserved for visitors or remain parked for months without…...
11/05/2024
We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not…...
04/03/2024
Relocations and move-ins involve going through the common portions of the building to transport furniture, boxes and other personal belongings. These operations could turn into a real mess or nightmare if, in a co-ownership (condominium), the framework for managing them has not been clearly established. While certain provisions of the…...
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…...
24/07/2020
...
13/02/2020
6 février 2020 — Un copropriétaire de Québec a été condamné à payer quelque 15 000 $ à son syndicat, fruit d’une décision rendue par la Cour du Québec – Division des petites créances. L’homme en question louait son unité à court terme (location de type hôtelière), en contravention avec sa déclaration…...
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'…...