Animal that, by its behavior, becomes a nuisances to the co-owners or occupants of the immovable by disturbing the peace, tranquility and safety of the co-owners or by affecting the hygienic standards of the immovable.
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 the 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 Quebec . This action may be brought by a co-owner or the syndicate.
While the declaration of co-ownership of my immovable allows domestic animals in the co-ownership, the board has decided at its last meeting, to which I did not even attend, that my dog was a "harmful animal" and that it was no longer allowed in the compound of the co-ownership. They thus require that I remove it from the co-ownership.
Question: Does the board have such powers?
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