September 29, 2017 – Proxies, coveted by many when a decisive co-ownership vote is foreseen, are a formidable tool during general meetings. Their validity of is often challenged, along with many attempts to render them ineffective. What should you know?
September 8th 2015 – In the election campaign, the Chief Electoral Officer of Québec reminded the population of the candidates’ rights to access private units. Whoever prevents a candidate from entering the premises of a private unit can be subjected to a fine of $5,000 or an imprisonment sentence of a maximum of 6 months, or both. The syndicate of co-owners are especially targeted since ‟apartments or condos” fall under this umbrella.
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.