Clause constitutes a restriction on the rights

Clause constitutes a restriction on the rights of other co-owners is not justified by the destination of the building, but based on considerations foreign to the defense of special interests; furthermore, it is contrary to freedom of trade. The condominium regulations may, conversely, listing the authorized activities. This list is usually given as an indication. It does not preclude the installation of other businesses than those designated, since they have similarities with them and are not likely to harm the other joint owners. Finally, commonly found clauses that, without specifically targeting a particular activity, formulate restrictions in general terms, such as: "are banned unsanitary shops, smelly, noisy, dangerous, or even incompatible with the good performance of the building.” This kind of rather indefinite clause often poses problems of interpretation and feeds, thereby providing litigation. It is not always easy to say in advance with certainty that such activity will result in nuisance. The question often 70-410 practice exam‏

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