Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding.
In such cases, a trial is not the only avenue. Before commencing legal proceedings, and even once they are engaged, it is still time to opt for the services of a mediator. The latter could resolve the conflict between co-owners or with the members of the board of directors.
The interpretation of a declaration of co-ownership during a general meeting of the co-owners is sometimes problematic. If, moreover, it has been published before the coming into force of the Civil Code of Québec, in 1994, things can get dicey.
In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994. A professional with experience in co-ownership law is qualified to do so. It is better to invest in rewriting your declaration of co-ownership, rather than getting tangled in costly litigation, the result of which is sometime uncertain.