Legal services

The lawyers and notaries of the firm De Grandpré Joli-Coeur s.e.n.c.r.l. (DJC) specialize in co-ownership and real estate law.

The rewrite and update of  declarations of co-ownership, management of the registers of the co-ownership, collection of unpaid charges and related recourses, recourses of the co-owners and of the syndicate, conflict management: DJC handles everything in  co-ownership.

Safeguard your real estate assets and take care of your co-ownership thanks to the efficient and dynamic DJC team.

 

Rewriting the declaration of co-ownership

The rewrite is an essential tool for declarations of co-ownership over ten years old, and an indispensable tool for declarations registered prior to the major changes affecting divided co-ownership in the Civil Code of Québec on January 1, 1994.

It is the opportunity for the syndicate of co-ownership to rejuvenate its declaration, and to fill legislative and regulatory gaps. It is also the opportunity to adapt it to new technologies and to include new more current clauses.

The rewrite service includes in particular the inclusion of the mandatory provisions of the new law, the removal of obsolete provisions, and any desired or required amendment and revision of style and vocabulary.

 

Start-up of co-ownership syndicates

We offer any and all services related the a co-ownership start-up

From the immatriculation of the syndicate to the complete organization of the first meeting of owners during which the provisional administration ends, we take charge of all stages of the legal inception of the future syndicate. Contracting, information session, implementation of management tools, drafting key documents ... we bring you the support and monitoring required to deliver the perfect property to buyers.

 

The registers of the co-ownership

A well-kept register is a great tool to convince any buyer of the sound management of a co-ownership. The law prescribes the mandatory documentation to be kept in the register of the co-ownership.

We offer to create or to collect, and organize all of the required documentation. The services offered for the maintenance of the register include all necessary inscriptions (financial statements, minutes of meetings, names and addresses of owners and tenants), the filing of documents relevant to the administration of the co-ownership, and recording any other document required by law.

 

Meeting of the co-owners

Before, during and after your meeting: we provide a complete service from the beginning to the end of your co-owners meetings. From preparing   the agenda to   drafting or revising the minutes of the meeting, including the convening process, controlling proxies, the required votes, chairing of the meeting, etc.

Thanks to the latest technology, the meeting may also be organized electronically to simplify the process if you also retain the DJC Register service.

 

Collection of unpaid common expenses

After acknowledging the failure of a settlement with an owner not paying its common expenses, the syndicate may institute, under specific conditions, court proceedings by filing an application at the Small Claims Court.

In general, to efficiently recover a debt, various tools are available:

> The formal notice

The final warning before instituting any legal proceeding, it is a letter to the defaulting co-owner, which can be sent by bailiff.

> The legal hypothec of the syndicate of co-owners

This hypothec is registered against the fraction of the defaulting co-owner only, without its consent. It claims:

  • The amount due on the day of its registration;

  • The expected amounts of charges and claims of the current financial year and the nexttwo years.

> The prior notice of exercise of a hypothecary right

The hypothecary surety is also possible by the publication of a prior notice of exercise denouncing the default of the co- owner. The co-owner disposes from the registration in the land register of sixty (60) days to perform its obligation, failing which he will have to leave the immovable.

> Hypothecary recourse

It is exercised at the end of the delay of the prior notice of exercise to the extent that the owner has not fulfilled its obligation and has not left the immovable.

For more information about the legal services offered by the lawyers and notaries of DJC, please contact Me Yves Joli-Cœur Ad.E., by calling 514 287-9535 or at y.joli-coeur@djclegal.com.