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Syndicate of Co-Ownership Le Carré St-Charles c. Daoud, 2014 QCCS 2665 (CanLII)

The Defendant, a co-owner of a syndicate of co-ownership (horizontal), installs, without authorization, a hot tub on the terrace in his townhouse garden area as well as security cameras on the exterior walls of his townhouse.  Complete Decision  Under the Declaration of co-ownership, the terrace and exterior walls are common property.  The Syndicate seeks an injunction for removal of the hot tube, the instalations and damages.  Less than 2 weeks before trial, the Defendant acquiesces to removing the hot tub.

Decision:  The Court grants the permenant injuction requested against Defendant.  The Court also grants the Syndicate $11,000 in legal fees as a result of Defendant’s excessive conduct.