Condominium and co-ownership lawyers
We simply guide you through the issues of co-ownership, from daily life to disputes.
At Boavista, our expertise in co-ownership law aims to support each syndicate of co-ownership, co-owner, administrator, manager or developer of a building in divided co-ownership (and, if necessary, in undivided co-ownership). We intervene from the prevention to the settlement of any dispute.
✦ Process
Our approach
At the heart of our practice is our lawyers' commitment to putting our clients first. We understand that every legal situation is unique, and we take the time to listen, understand your situation and develop the best strategy for you.
Consultation
A legal consultation is the first essential step in accessing our services. During this consultation, our lawyers will have the opportunity to hear and better understand your situation, so as to best answer your questions and concerns.
Legal advice
Thanks to their in-depth knowledge of various areas of law, our lawyers can provide you with legal advice and solutions that arerelevant and tailored to your situation.
Representation
You can count on the oratory skills and determination of our lawyers to represent you and defend your interests before courts or government agencies.
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Our services in co-ownership law
Our services are aimed at syndicates of co-owners, co-owners, as well as administrators, managers and developers.
Whether it is a question of supervising the administration of a divided co-ownership, clarifying an obligation provided for in the declaration of co-ownership or managing building issues (work, common expenses, contingency fund), we offer you pragmatic legal support, from prevention to dispute resolution.
1. Assistance in the drafting of the various documents
We assist you in the preparation, revision and updating of essential documents, in order to secure the management of the divided co-ownership and the functioning of the syndicate of co-ownership, in particular:
- The declaration of co-ownership and its amendments;
- Building regulations or internal policies;
- Meeting-related documents (notices, agendas, minutes, resolutions) and any formal correspondence (notices, demand letters, agreements).
The objective is to provide you with clear, compliant documents adapted to your reality, to better frame the obligations of each party and reduce grey areas as well as the risks of dispute.
2. Représentations before the courts
When litigation is unavoidable, we provide you with representation at every stage: case analysis, strategy, procedures, negotiation and pleading.
3. Legal advice and support for condominium associations
We assist syndicates of co-ownership, administrators and co-owners in the day-to-day management of legal issues related to divided co-ownership.
Our interventions can focus in particular on:
- The interpretation and application of the declaration of co-ownership;
- The obligations and responsibilities of the directors and the syndicate;
- Issues related to common expenses and special assessments;
- Situations of non-compliance with the building's regulations;
Our goal is to help you make informed decisions, prevent disputes and ensure compliant and efficient management of the condominium.
4. Conflict prevention and resolution
Disputes in co-ownership can quickly affect the quality of life of the occupants and the management of the building. We promote a proactive approach to resolving conflicts effectively.
We intervene in situations involving:
- Nuisances between co-owners;
- Challenges to decisions of the union or assemblies;
- Disputes related to the work or use of the common elements.
Depending on the context, we favour negotiation and amicable resolution methods, while being ready to take the necessary recourse when the situation requires it.
Frequently Asked Questions
In co-ownership, legal fees are generally paid by the syndicate of co-owners when they are concerned about the management of the building or a common dispute. However, when a co-owner is at fault (e.g., non-compliance with the by-laws), the syndicate may claim reimbursement of these costs, if this is provided for in the declaration of co-ownership or granted by the court.
According to article 1066 of the Civil Code of Québec, the syndicate may intervene alone in a private portion when there is an emergency, a risk of disaster or when work necessary for the conservation of the building must be carried out.
He can also access certain facilities located in a private unit to ensure the maintenance or inspection of the equipment serving the common areas. Except in cases of emergency, the syndicate must generally notify the co-owner before entering the unit.
No. As a rule, a co-owner cannot intervene himself in the common portions, even if the syndicate is slow to act. The maintenance and repairs of these spaces are the responsibility of the syndicate of co-ownership. Work carried out without authorization may result in the obligation to restore the premises at their own expense.
If the syndicate does not act, it is preferable to give it formal notice and, if necessary, to go to court to force it to carry out the work. Only immediate emergency situations can sometimes justify a rapid response.