View cases - Stewart McKelvey

- 61 -respondent in the case at bar. The Syndicat is governed by a declaration ofco-ownership, certain provisions of which are contested in the instant case.A. The Declaration of Co-Ownership107 The declaration of co-ownership imposes certain restrictions on the rightsof the co-owners. The restrictions are found primarily in ss. 2.6.3, 6.5, 6.16 and 9.3 of2004 SCC 47 (CanLII)the declaration, which read as follows:[TRANSLATION]2.6.3 Balconies, porches and patios — the owner of each exclusive portion(dwelling unit) with a door leading to a balcony, porch or patio adjoining hisor her exclusive portion (dwelling unit) has the personal and exclusive useof the balcony, or of the portion of the porch adjoining his or her exclusiveportion, subject to the following rules:a) On porches, an area at least as wide as is required under fire safetyby-laws must be kept free of garden furniture and other accessories, asthe porches serve as emergency exits.b) No owner may enclose or block off any balcony, porch or patio inany manner whatsoever or erect thereon constructions of any kindwhatsoever.. . .Perpetual rights of way for emergency situations (including elevatorbreakdowns) are hereby created in favour of all the above-mentionedexclusive portions (dwelling units), the dominant land, on the commonportions, namely every porch, balcony, terrace or patio, the servient lands.6.5 UNIFORMITY OF DÉCOR IN THE BUILDINGEntrance doors to the exclusive portions (dwelling units), windows,painted exterior surfaces and, in general, any exterior elements contributingto the overall harmony of the building’s appearance may under nocircumstances be altered, even if they are part of the limited commonportions, without first obtaining the written permission of the Board ofDirectors, who themselves must first obtain the approval of the co-ownersat a general meeting.