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Effective management of litigation and disputes for worry-free co-ownership management.

Condominium disputes and litigation

Litigation and disputes in co-ownership are commonplace. Naturally, the syndicate would benefit from responding quickly when a conflict arises within the building. Our attorneys will help you manage your co-ownership disputes to prevent the situation from taking an unfavourable direction.

Our condominium litigation services

Each dispute is unique. We offer you the expertise and a range of services to help you manage the myriad of disputes that can arise in a co-ownership.

Co-ownership disputes may arise between a co-owner and the syndicate, but also against a seller, builder or service provider. No matter which parties are involved, we will provide you with the support and advice you need to properly manage your condominium disputes and litigation.

  • Formal notices
  • Legal proceedings on the part of the syndicate or a co-owner concerning the application and respect of the declaration of co-ownership
  • Legal proceedings on the part of a co-owner for the cancellation or modification of a general meeting decision 
  • Legal proceedings on the part of a co-owner for the annulment or modification of a decision of the board of directors
  • Legal proceedings for construction defects on the part of the syndicate of co-ownership against a developer, a contractor or building professionals
  • Legal proceedings for latent defects on the part of a co-owner against a seller
  • Representing the syndicate or a co-owner in the conciliation and arbitration process with the administrators of the New Home Warranty Plan, in the event of defects, faults or deficiencies
  • Legal proceedings on behalf of the syndicate or a co-owner to recover damages and/or deductible following an insurance claim 
  • Legal proceedings on behalf of the syndicate for recovery of common expenses or other unpaid amounts for the benefit of the syndicate of co-ownership
  • Legal proceedings on the part of a co-owner to force the syndicate to maintain the common areas and/or to conserve the building
  • Legal proceedings on behalf of a co-owner to recover damages for abuse, disturbances and/or inconveniences caused by the syndicate
  • Mediation and arbitration of disputes between the syndicate of co-ownership and the co-owners
  • All other litigation

The recovery of unpaid condominium common expenses continues to be a major problem facing all building managers. When the situation requires it, our co-ownership lawyers will gladly advise you on possible recovery options to ensure the sound management of the co-ownership.

The formal notice is a letter addressed to the co-owner at fault. It serves as a final warning that can be sent by a bailiff before any legal proceedings are initiated.

This mortgage is registered against the fraction of the co-owner at fault only, without his agreement. The condominium unit becomes security for the sums due.

The following information must be detailed:

  • The amount due on the day the mortgage is prepared
  • The amounts that will be due for charges and debts for the current fiscal year, as well as the amounts for the next two years

To exercise its rights under the mortgage it has just registered in the land register, the syndicate of co-ownership may publish a 60-day notice which will be served on the co-owner at fault and entered in the land register.

Namely, the notice period indicates the amount of the debt and the defaults that need to be corrected. If the co-owner fails to pay within the required time, they are ordered to vacate the building.

At the end of the 60-day period or of the notice of exercise, the co-owner who has not remedied the default is exposed to recourse before the courts. The syndicate may have an application issued before the Court to order the forced vacancy of their apartment. 

Namely, depending on the notice initiated, they can ask either to become the owner (taking in payment) or to have the unit sold under legal control.

A syndicate of co-ownership can recover an insurance deductible against a co-owner who is responsible for causing a disaster. Our team will help you recover the insurance deductible or the cost of work following a disaster.

Here you are faced with damage to the building, which could be caused by a fire or flooding. Water is a genuine problem in condominiums. It easily infiltrates everywhere and creates considerable immediate damage, if not gradual and just as considerable.

Whatever the cause of the disaster, the syndicate of co-ownership holds the front-line insurance and must take charge of all the management of the damage. Article 1073 of the Civil Code of Quebec is clear on this point. The part of the costs involved and the eventual reimbursement of expenses comes next.

The situation is all the more difficult if the loss occurred between December 13, 2018 (the effective date of article 1074.2 C.C.Q., which wrongly convinced claims adjusters to deny liability in almost all cases of loss) and March 17, 2020 (the effective date of the amendment to the same article, which allows the cost of the loss to be claimed from a co-owner whose act or property in his custody is responsible for the loss). 

DJC offers you a flat-rate service to help you recover the insurance deductible or the cost of work following a claim when a co-owner is responsible. 

For more information, please contact the person in charge of the service, Me Francesca Lasorsa by clicking here.

Request a legal consultation for a co-ownership dispute

To obtain a legal consultation and discuss co-ownership disputes with one of De Grandpré Jolicoeur’s lawyers or notaries, click on the link below.

Other services related to co-ownership disputes that may interest you

Condominium law

Condominium law

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Declaration of Co-ownership

Declaration of Co-ownership

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Legal assistance and legal opinions

Legal assistance and legal opinions

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Would you like to contact us to discuss co-ownership disputes?

Contact us today learn more about De Grandpré Jolicoeur’s condominium litigation service or to discuss your legal needs with one of our lawyers or notaries.

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