Definition : Legal proceeding

A procedure whereby a person (natural or legal) applies  to the court to obtain:

  • respect for or recognition of their rights;
  • the protection of its interests;
  • an order directing a person to perform his or her obligations.

WARNING ! Before going to court, it is necessary to consider the use of private dispute prevention and resolution process.

Related articles

30/05/2024

Revision of the relative value and the allocation of expenses

Any co-owner may have the relative value of their fraction, as well as the allocation of common expenses, revised according to certain conditions and formalities. To do so, it is necessary to proceed with an appeal to revise the relative value of the fractions. Furthermore, a co-owner may wish to…...

Your Rights
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30/05/2024

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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23/05/2024

Recours judiciaires contre un syndicat de copropriétaires (webradio)

Le mercredi 5 juin 2024, nous étions réunis pour une session spéciale de la webradio de Condolegal, consacrée aux recours judiciaires contre un syndicat de copropriétaires. ...

Your Rights
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02/04/2024

Register and archives of the co-ownership

Optimal management of a co-ownership (condominium) is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...

Management
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30/03/2024

Legal recourse against a syndicate of co-owners

Initiating legal proceedings against a syndicate of co-owners is a measure of last resort, after having unsuccessfully explored private dispute prevention and resolution process. This path requires careful preparation and a thorough knowledge of the rules of law. This fact sheet is designed to guide those who are considering going…...

Your Rights
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31/03/2024

Canceling a decision of the meeting of co-owners

The co-owners have a legal proceeding when they oppose decisions taken by the meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances. Thus,…...

Your Rights

25/03/2024

Canceling a decision of the board of directors

At a meeting of the board of directors, directors must not make any decision that is biased, or with the intention of harming the co-owners (or any of them) or disregarding their rights. In case of defect, the co-owners (or a director) can now take legal proceedings to oppose decisions taken by…...

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12/04/2023

Webradio du 12 avril 2023: Les recours judiciaires en copropriété

La webradio du mercredi 12 avril 2023 a porté sur les recours judiciaires en copropriété. Dans le monde de la copropriété, il est fréquent que des discordes surgissent. Il en est ainsi pour une dispute avec un copropriétaire, des vices cachés, le non-respect de la déclaration de copropriété ou encore une demande visant…...

Syndicate

09/08/2022

Recourse against a co-owner liable for a loss

A bathtub or a washing machine that overflows into the apartment below, a hot water tank 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…...

Your Rights

09/08/2022

Neighborhood annoyances

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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14/01/2017

Abiding to the declaration of co-ownership

The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...

Syndicate