Definition : Declaration of co-ownership - Abusive clause

Clause of the declaration of co-ownership which has the effect of imposing upon one or more co-owners restrictions on their rights which are not justified by the destination of the immovable, its characteristics or its location. Thus, a clause restricting without justification the rights of a co-owner could be determined to be abusive, as for instance a clause prohibiting the sale of a private portion to a person under 55 years of age or imposing such other discriminatory conditions.

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La déclaration de copropriété est le document maître d'un syndicat de copropriétaires. Elle définit les fondements mêmes d'une copropriété, et indique le code de vie à y adopter.
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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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