Definition : Abuse of right - Abuse of the minority

Action by which a group of co-owners, not holding the majority of the votes at the general meeting, prevent the adoption of decisions necessary for the protection of the rights appurtenant to the immovable or the co-ownership (e.g. by refusing to vote on a resolution requiring a double majority, so that the required percentage and/or number cannot be reached). This could be the case for work allowing disabled people to access the immovable.

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  The co-owners have a legal proceeding when they oppose decisions taken by the general 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 general meeting, the legislator allows such recourse only in certain circumstances. Thus, Article 1103 of the Civil Code of Québec provides that any co-owner may apply to the court to annul or, exceptionally, to amend a decision of the general meeting if the decision is biased, if it was taken with the intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.   
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As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.      
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