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120 Articles

13/01/2026

Extended use of a common portion, targeted rules, and excessive penalties: the court decides

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 occupation of a common portion, the validity and enforceability of amendments to the co-ownership rules, the legality of penalties imposed by the syndicate, and the…...

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09/01/2026

Allocation of common expenses: how far can the courts go?

In a judgment rendered on December 30, 2025, the Quebec Superior Court provides particularly useful clarification on the scope of the decision-making power of the board of directors regarding the allocation of common expenses, as well as on the limits of judicial oversight exercised by the courts when a co-owner challenges such decisions. This case illustrates a frequent situation in co-ownership: a deep disagreement between certain co-owners and the board of directors over how significant…...

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01/01/2026

Swearing-In of Camille Joli-Cœur: A new voice joins a longstanding legal tradition

On December 31, in an atmosphere that was both solemn and deeply moving, Camille Joli-Cœur was sworn in as a lawyer of the Barreau du Québec. The ceremony took place at the Laval offices of the law firm Dunton Rainville, in the presence of family members, colleagues, and prominent figures from the legal community, marking a pivotal moment that closed the year 2025 on a note of pride and continuity....

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27/12/2025

Governance in two-unit divided co-ownerships: When informality leads to an impasse

In a particularly detailed judgment rendered on August 11, 2025, the Honourable Justice Luc Huppé of the Court of Québec examined a dispute emblematic of very small divided co-ownerships—specifically, a co-ownership composed of only two fractions (units). The litigation pitted the syndicate of co-owners against the owners of one unit, and those owners against the co-owner of the other unit, who had, for several years, assumed sole responsibility for the effective management of the building.…...

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18/12/2025

Two essential books have been given a makeover: major re-editions to better understand co-ownership in Quebec

Co-ownership law continues to evolve at a sustained pace in Québec, both legislatively and through case law, within a context marked by significant reforms and an increasing number of structuring judicial decisions. To support these ongoing transformations and meet the growing needs of co-owners, directors, property managers, and the many professionals involved in co-ownership matters, two reference works will be released in 2025 in fully updated new editions, offering a renewed and in-depth analysis of…...

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14/12/2025

Water damage, insurance deductible and co-owner liability: the syndicate dismissed (once again)

The Court of Québec, Small Claims Division, rendered on December 11, 2025, a particularly instructive decision in matters of divided co-ownership, dealing with the application of articles 1074.1 and 1074.2 of the Civil Code of Quebec. Writing for the Court, the Honourable Luc Huppé, J.Q.C., dismissed the claim of a syndicate of co-owners that sought to have a co-owner bear the cost of water damage below the insurance deductible. The judgment reiterates that the mere…...

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12/12/2025

Short-term rentals in co-ownership: the Court of Appeal invalidates a by-law

The Court of Appeal has just rendered a major decision in the field of divided co-ownership in Quebec, confirming that a syndicate cannot modify the minimum rental period when such a modification alters the destination of the immovable, without obtaining the double majority required under article 1098 of the Civil Code of Quebec. This decision deserves particular attention from syndicates and co-owners, given current practices, as it reaffirms the limits of the power to modify…...

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26/09/2025

Important communication from the Chambre des notaires du Québec regarding the certificate on the state of the co-ownership

On September 17, the Chambre des notaires du Québec (CNQ) issued a communiqué to its members concerning the application of article 1068.1 of the Civil Code of Québec, relating to the Certificate attesting to the condition of the immovable held in co-ownership (ASEC). The CNQ specified that, even though the law does not expressly provide for a “validity period” for this certificate, the information it contains must faithfully reflect the current state of the co-ownership.…...

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05/09/2025

Interview with Pierre-Yves McSween: New obligations for Quebec co-owners

Since the entry into force of the regulation implementing Bill 16, syndicates and co-owners must comply with new obligations: mandatory maintenance logbook, contingency fund study, and certificate on the state of the co-ownership. These new rules, aimed at strengthening transparency and the sustainability of buildings, profoundly transform the management of co-ownerships in Quebec....

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02/09/2025

Interview with Marie-Eve Tremblay: Are you feeling lost when it comes to applying the new condo law?

Since the implementation of the regulations under Bill 16, co-ownership associations and owners have had to comply with stricter rules: mandatory maintenance logbook, reserve fund analysis, certificate of property condition, etc.  These new obligations have raised concerns and practical questions....

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