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WHO'S THE (REAL) BOSS? - ARTICLE 1097

 
IS ARTICLE 1097 OF THE CIVIL CODE ENFORCEABLE IN ALL CASES?

Several times in the past we discussed the ranking of powers between the Civil Code, the general laws of the Province , the Municipal jurisdiction and your declaration of co-ownership:
1- Provincial laws forbid barbecues everywhere.  Whatever city by laws say of declaration of co-ownership say, provincial wins;
2- Your declaration allows barbecues on balcony; city regulations forbid barbecues on balconies. City wins;
3- Your declaration forbids barbecues on balcony; city allows barbecues on balconies.  Your declaration wins.

Article 1097 of the Civil code is of public order and obliges to obtain double majority before altering, improving or enlarge common portion, but there are some exceptions.

See the article published in our Revue de la Copropriété au Québec