Life in co-ownership is not always a long quiet river. It is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show stubbornness and narcissism by systematically trying to have indirectly what cannot be obtained directly.These righters seek to harm others by abusing their right to go to court.
View more
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.
View more
