Definition : Legal recourse - Hypothecary recourse

Legal proceeding allowing a creditor holding a conventional or legal hypothec to obtain recognition of his rights, when the debtor is in default of fulfilling his obligations and the claim is liquid and exigible. Before exercising a hypothecary recourse, the creditor must always give the debtor a prior notice that is served and published in the Québec Land Register (when the hypothec is immovable). The creditor generally has two options of recourses: sale under judicial authority or taking in payment. Insofar as the debtor is an enterprise, the creditor could also opt for taking possession for purposes of administration.

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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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