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A body granted juridical personality independent and autonomous from its members and which possesses rights and obligations (for example, a company, a syndicate of co-owners). Without limitation, the latter has a patrimony and the capacity to take legal action or enter into contracts. It has a name which is given to it at the time of its constitution and exercises its rights and executes its obligations under this name. Legal persons are to be distinguished from natural persons.
04/10/2024
The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by…...
23/07/2024
In general, a syndicate of co-ownership is considered a non-profit organization (NPO). As such, it benefits from a tax exemption. However, like any legal person, the syndicate of co-ownership must comply with various tax obligations, failing which it may face penalties that could have significant repercussions on the financial situation of…...
23/07/2024
The syndicate of co-owners, as a legal person, has juridical personality, which allows it to contract with third parties, hire employees, hold and dispose of property or exercise legal remedies to protect its assets and ensure the defense of the collective interests of the co-owners.He plays a crucial…...
23/07/2024
During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...
23/07/2024
The duties and obligations of directors are at the heart of the good governance of a co-ownership. As part of their duties, directors are required to ensure that the syndicate of co-owners complies with the laws. This is why, in addition to the duties of diligence and loyalty of directors…...
23/07/2024
The syndicate of co-owners, as a legal person, has a juridical personality. It acts through two decision-making bodies, the meeting of the co-owners and the board of directors. The directors are natural persons who make up the board of directors of the syndicate of co-owners, of which they are also the mandataries. In…...
20/01/2024
The Civil Code of Quebec, in articles 1098 and 1108, establishes a "double majority" for certain significant decisions of the co-ownership assembly, requiring a consensus in both the number of co-owners and voting rights. Article 1098 of the Civil Code of Quebec deals with major decisions such as changing of use of the…...