Definition : Private dispute prevention and resolution process

Private conflict resolution processes outside  judicial proceedings: Negotiation, mediation and arbitration are all a part of the alternative dispute resolution processes, although the parties may also resort to any other method that suits them and they consider appropriate. Article 1 of the Code of Civil Procedure requires the parties to consider the use of "PDPRP" before referring their dispute to the courts.

 

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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 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.
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