Definition : Legal hypothec - Legal Hypothec-Prior notice of exercise of a hypothecary right (divided co-ownership)

Notice published and served on the co-owner who is still in default of paying his share of the common expenses or his contributions to the contingency fund, following the publication of a legal hypothec on the title of his property. Upon the expiry of a period of 60 days after the publication and service of the prior notice, the syndicate of co-owners may, if the failure to pay is still not resolved, institute a hypothecary recourse for, inter alia, the sale under judicial authority or the taking in payment of the private portion of the defaulting co-owner.

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The failure to pay general or special common expenses (condo fees), as well as those relating to the contingency fund, is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have been in arrears for more than three months, the law provides, ex officio, that he automatically loses his right to vote at the general meetings of the co-owners. He is also exposed to legal recourses, so that the syndicate can recover the amounts owing. A review of the options in such cases.  
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