Question 1

Revision of Relative Value and Allocation of Expenses

Accepted Answer

Any co-owner can request a revision of the relative value of their share and the allocation of common expenses under certain conditions and formalities. To do so, it is necessary to initiate legal proceedings to review the relative value of the shares. Additionally, a co-owner may wish to modify the relative value of their share and will need to obtain prior consent from the board of directors or the general assembly.

Question 2

Legal Action Against a Condominium Corporation

Accepted Answer

Initiating legal proceedings against a condominium corporation is a last resort, after exploring unsuccessful private dispute prevention and resolution processes. This path requires careful preparation and a deep understanding of legal rules. This document aims to guide those considering legal action to resolve disputes with a condominium corporation, highlighting the legal basis and typical situations that may lead to such actions.

Question 3

Cancellation of a Decision by the General Assembly

Accepted Answer

Co-owners have a legal recourse when they oppose decisions made during the general assembly. They typically seek to challenge decisions they deem unjustified. However, the legislator allows such recourse only under specific circumstances to promote the stability of decisions made during the assembly. Article 1103 of the Civil Code of Quebec provides that a co-owner may ask the court to cancel or, exceptionally, modify a decision.

Question 4

Cancellation of a Decision by the Board of Directors

Accepted Answer

During a board of directors meeting, administrators must not make biased decisions or act with the intent to harm co-owners (or any of them) or neglect their rights. In case of failure, co-owners (or an administrator) can now initiate legal proceedings to oppose decisions made by the board of directors. Article 1086.2 of the Civil Code of Quebec, which came into effect on January 10, 2020, allows the court to cancel or modify such decisions.

Question 5

Injunction Against a Condominium Corporation: Water Infiltration

Accepted Answer

The condominium corporation’s obligation to maintain common elements, including restricted common elements, has often been a source of conflict. Administrators often find themselves in a delicate position when co-owners demand major repairs. These repairs may involve a severely damaged balcony or other issues such as water infiltration. An injunction can be sought to compel the corporation to perform necessary repairs.

Question 6

Application of the Declaration of Co-ownership

Accepted Answer

The declaration of co-ownership is a contract that governs the lives of co-owners, tenants, and other occupants of the building. It serves as a guide for everyone living in the property. The declaration of co- ownership systematically provides that it is the responsibility of the board of directors to enforce its content.

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