Amount paid by a lessee to the lessor in consideration of the enjoyment of a dwelling.
The declaration of co-ownership includes all the rules ensuring the efficient management of a co-ownership. It also specifies the conditions of use and enjoyment of the private and common portions.
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary for the syndicate to impose sanctions to co-owners or tenants who disregard the by-laws of the immovable. It may even, on occasion, petition the court to assert the rights of all co-owners.
The purchase of a condo leased to a third party is a frequent occurrence in the resale market. Save for an agreement to the contrary, nothing prohibits a co-owner lessor from selling and a purchaser of purchasing an apartment even though the tenant wishes to continue to reside in it.
The lease is attached to the immovable, not to the co-owner/ lessor. The lease will continue to be in force even if the unit is sold and the terms and conditions of the lease shall remain the same.
La déclaration de copropriété doit être respectée par tous les copropriétaires. Quiconque ne la respecte pas s’expose à un recours judiciaire fondé sur l’article 1080 du Code civil du Québec (C.c.Q.) et pouvant être intenté soit par un copropriétaire soit par le syndicat.