Condominium Law
Condominium law governs the relationship between owners of independent units in apartment buildings and housing complexes, as well as the use and management of common areas. Our office provides litigation and advisory services in disputes between unit owners, managers and site managements.
Main topics
- Actions to annul resolutions of the owners' assembly
- Collection of maintenance fees and shared expenses
- Disputes over the use and alteration of common areas
- Drafting and amending management plans
- Conversion from construction servitude to condominium ownership
- Advice to apartment and site managements
General information on the process
In most disputes arising from condominium ownership, mediation is mandatory before a lawsuit can be filed. If no agreement is reached in mediation, the dispute is, as a rule, heard by the civil court of peace where the property is located.
The management plan is the key document setting out the rights and obligations of unit owners. Reviewing the management plan and the lawfulness of resolutions before a dispute arises prevents many problems.
Guide
How can a resolution of the owners' assembly be challenged?
A resolution considered contrary to the law, the management plan or previous resolutions can be challenged by an annulment action before the civil court of peace. An owner who attended the meeting and voted against must file within one month of the resolution date; an owner who was not invited must file within one month of learning of it. For owners who were not invited, the right to sue ends in any case six months after the resolution date.
What can be done about a neighbour who does not pay maintenance fees?
Unit owners are obliged to contribute to shared expenses and to the fees set in the management plan. The law provides for late-payment compensation for unpaid fees. The manager may start enforcement proceedings or file a lawsuit for the unpaid amount.
The information in this section is general in nature and does not constitute legal advice. The specific circumstances of each case must be assessed individually.