Definition : Court of Québec

Court of first instance, under the legislative authority of the Government of Quebec. The Court of Québec is responsible for hearing cases in civil, criminal and penal matters as well as in matters relating to the youth division. In civil matters, the Court of Québec essentially has exclusive jurisdiction to adjudicate on any claim in which the value of the object in dispute or the amont claimed is, exclusive of interest, less than $ 85,000 (save and except for claims relating to alimony, the lease of a dwelling and applications which fall within the jurisdiction of the Federal Court). It holds its hearing in all the judicial districts of the province.

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The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable. The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by-laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Québec. This action may be brought by a co-owner or the syndicate.
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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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