Definition : Declaration of co-ownership - Mediation clause

Me Yves Joli-Cœur, Ad.E., and Me Pierre Champagne , lawyers with  the law firm de Grandpré Joli-Coeur, are both mediators recognized by the  Quebec Co-ownership Council. They took part in  training courses offered by   the University of Sherbrooke entitled Civil and Commercial Mediation and have  acquired over the years extensive experience  in Quebec co-ownership law.

Lorsqu'un litige survient en copropriété, les copropriétaires doivent bien souvent s’adresser aux tribunaux pour faire valoir leurs droits. Mais une majorité d’entre eux s’abstiennent de le faire, en raison des coûts astronomiques qui y sont associés. La solution à ce problème serait la mise en place, au Québec, d’un tribunal administratif de la copropriété. Sa mission serait comparable à celle du Tribunal administratif du logement (TAL), anciennement appelé Régie du logement.

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.

Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding. Know that in such cases, a trial is not the only avenue available to you. Before commencing legal proceedings, and even once they are engaged, and even once they are initiated, there is always time to opt for the services of a mediator. The latter, who is a neutral and impartial third party, could help you resolve (without decision-making power) a dispute between a co-owner and the syndicate or members of the board of directors between them.

Conflicts within co-ownerships are not uncommon. They can arise between co-owners, in particular in the context of neighborhood annoyances (noise, abusive uses of the common portions) but also between the board of directors and the co-owners. They can be resolved amicably, for example through mediation, or through the judicial process or arbitration. The Code of Civil Procedure encourages alternative methods of dispute resolution, such as mediation, arbitration or conciliation. It even obliges the parties to "consider" the use of private methods of prevention and settlement of their dispute before judicializing their dispute. These methods of settlement are in principle more user-friendly, accessible and expeditious.