Definition : Fine (penalty)

Sanction imposing upon a co-owner the payment of an amount of money, determined in advance, in case of a contravention of the declaration of co-ownership. The syndicate of co-owners imposing a fine bases its decision solely on the co-owner's breach (and not on the damage resulting from his breach). However, the court is entitled to reduce the sanction if the penal clause which provides for it, is abusive

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June 5, 2015 - A resounding judgment was handed down on June 4, 2015 by Judge Danielle Turcotte, Superior Court judge, on the vote required in a co-ownership to adopt a penal clause. What is a penal clause? A penal clause is a provision allowing the syndicate to impose to a co-owner penalties or fines if he fails to comply with co-ownership rules. This is a penalty of a pecuniary nature: a sum of money is claimed from the defaulting co-owner. The penal clause must be sufficiently detailed for its application to be simple.
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