Definition : Declaration of co-ownership - Clause abusive- Condo condo Quebec

Clause of the declaration of co-ownership which has the effect of imposing upon one or more co-owners restrictions on their rights which are not justified by the destination of the immovable, its characteristics or its location. Thus, a clause restricting without justification the rights of a co-owner could be determined to be abusive, as for instance a clause prohibiting the sale of a private portion to a person under 55 years of age or imposing such other discriminatory conditions.

Capsule vidéo avec Yves Joli-Coeur: La déclaration de copropriété

La déclaration de copropriété est le document maître d'un syndicat de copropriétaires. Elle définit les fondements mêmes d'une copropriété, et indique le code de vie à y adopter.

Webradio du 22 juillet 2020: Faire réécrire sa déclaration de copropriété

Canceling a decision of the meeting of co-owners

Irregularities noted at a meeting of co-owners do not make the decisions taken non-existent, but voidable. Consequently, the co-owner who intends to invoke the irregularity of a decision must initiate a legal proceeding, in accordance with article 1103 of the Civil Code of Quebec. Wishing to promote the stability of the decisions taken by the assembly, the legislature allows such a remedy to be brought only in certain circumstances. Thus, any co-owner may ask the court to annul or, exceptionally, modify a decision of the meeting of co-owners if it is partial, if it was taken with the intention of harming the co-owners or in disregard of their rights, or if an error occurred in the calculation of votes.

Definition : Declaration of co-ownership - Abusive clause

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