Institution created under the law to rule upon the disputes of which it is seized in accordance with the applicable rule of law. The court also has, upon an application made before it, the mission to rule when the Law requires it and, even in the absence of a dispute, by reason of the nature of the case or the status of the persons.
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.
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.