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When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening its provisions.They sometimes unduly use visitor parking spaces, reducing the number of available spaces. Others are shamelessly parked in spaces owned by co-owners or in their assigned spaces. Moreover, these…...
Irregular work affecting the common portions of the building or a malfunctioning toilet are quite frequent and damaging types of loss in divided co-ownerships. These events can sometimes cause very significant material damage to both private and common portions. When damages do not directly result from a breach of the declaration of co-ownership, the co-owner’s liability falls under the extracontractual regime set out in Articles 1457 and 1465 of the Civil Code of Québec, which rests primarily on…...
In divided co-ownership, the contractual liability of a co-owner arises directly from the declaration of co-ownership, which constitutes the binding contract governing relations between the syndicate and all co-owners. Under article 1062 of the Civil Code of Quebec, this document “binds the co-owners, their successors and any persons who have signed it, and produces its effects with respect to them from the time of its registration.” The declaration of co-ownership thereby establishes the rights and…...
Me Selma Sbeiti stands out for her legal practice focused on real estate and co-ownership law, business law, and civil and commercial litigation. She holds a civil law degree (LL.B.) from the University of Montreal and is also an accredited mediator specialized in civil, commercial, and labor mediation....
Me Véronique Hains is part of the Dunton Rainville team specializing in divided co-ownership. She primarily practices civil and commercial litigation as well as construction and co-ownership law. Me Hains is part of the Dunton Rainville team specializing in divided co-ownership. She primarily practices civil and commercial litigation as well as construction and co-ownership law....
Le jugement de la Cour du Québec (Division des petites créances) peut être consulté à : Cliquez-ici ...
