Definition : Fine (penalty)

Sanction imposing upon a co-owner the payment of an amount of money, determined in advance, in case of a contravention of the declaration of co-ownership. The syndicate of co-owners imposing a fine bases its decision solely on the co-owner's breach (and not on the damage resulting from his breach). However, the court is entitled to reduce the sanction if the penal clause which provides for it, is abusive

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The co-owners who do not respect the By-laws of the immovable (Declaration of Co-Ownership) are plentiful. Their offences may include nighttime disturbances (abnormal neighbourhood disturbance), noisy animals or non-compliance with parking regulations. Such behaviour can cause serious prejudice to certain co-owners or to the syndicate. In such a situation, it is up to the Board of Directors to act, by enforcing the regulations set out in the Declaration of Co-Ownership. As soon as a breach is noted or brought to its attention, the Board of Directors must intervene to put an end to delinquent behaviour. The co-owners concerned should therefore not hesitate to turn to their syndicate, in this case the directors, for the implementation of various measures aimed at sanctioning any person at fault.
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The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. This co-owners reference document is consulted, for example, in the case of work. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his private portion.
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  If hotel-type short term rentals are allowed in your co-ownership, any apartment owner who wishes to rent to tourists must take the following precautions. The most important one is to ensure that he abides to the Act respecting tourist accommodation establishments (the Act) and it’s Regulations. He will also ensure that he does not contravene municipal urban planning bylaws on uses. Some municipalities have adopted bylaws restricting or prohibiting hotel-type rentals. However, the majority of central districts Montreal boroughs allows this activity, which however will only be authorized in residences located in commercial areas.
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