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Dismemberment of the right of ownership by which the bare owner retains ownership of the property, but not the right to use and enjoy it, these two prerogatives having been granted to the usufructuary. This dismemberment ends at the end of the duration of the usufruct, which usually takes place on the death of the usufructuary. In addition, the voting rights attached to a fraction of co-ownership belongs in principle to the usufructuary. However, the bare owner may exercise this right to vote when the object of the vote has the effect of modifying the substance of the property held in co-ownership, changing its destination or terminating the syndicate of co-owners. This distribution of voting rights is not enforceable against the syndicate; it is only discussed between the usufructuary and the bare owner. In terms of payment, contributions to the common expenses, the usufructuary and the bare owner are solidary.
27/12/2023
The right to vote is the very foundation of a democracy. The citizens who are part of it can thus express their will in an election. In principle, this right is equal among all voters. In effect, it is equivalent to "one person, one vote", which means that all the…...
25/07/2016
The first sentence of article 1090 of the Quebec civil Code states that "Each co-owner is entitled to a number of votes at a general meeting proportionate to the relative value of his fraction." The number of votes is related to the share of property rights each co-owner holds in the building. Therefore, the co-owner of a…...