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Co-ownership with less than five fractions. In this type of co-ownership, when a co-owner has a number of votes greater than one-half of all the votes available to the co-owners, the number of votes to which he is entitled at a meeting is reduced to the total number of votes to which the other co-owners present or represented at the meeting are entitled. No other specific provisions govern small co-ownership. Thus, we can observe risks of deadlock in decision-making, especially in co-ownership composed of two fractions.
02/08/2024
We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same…...
26/07/2024
I am a new owner in a small co-ownership. The directors are volunteers. I am wondering about the most effective way to raise awareness among co-owners and directors about the importance of complying with our declaration of co-ownership and recent legislative changes. My goal is to address this delicate issue…...
23/07/2024
The right to vote is recognized as an essential element of any modern society, and as such, co-owners cannot be deprived of it except as provided in the law. In addition, each co-owner has, in principle, at the meeting a number of votes proportional to the relative value of his…...
23/07/2024
The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16,…...
23/07/2024
The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to…...
06/01/2024
La capsule vidéo de Condolegal, présentée par l’avocat émérite Yves Joli-Coeur, offre un aperçu sur les petites copropriétés. Cette vidéo est une ressource précieuse pour ceux qui cherchent à comprendre les nuances entre une petite copropriété et une copropriété “classique”. Me Yves Joli-Cœur, avec son expertise juridique, explique clairement ce qu’est…...
09/08/2022
We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership,…...
07/03/2022
Le mercredi 2 mars 2022, la Webradio de Condolegal.com était entièrement dédiée au sujet des petites copropriétés. Constituée de six logements ou moins, une petite copropriété est un bâtiment de taille modeste ne nécessitant généralement ni ascenseur ni de concierge, allégeant ainsi les charges de copropriétés. Le Code civil du Québec a…...
09/08/2022
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02/03/2010
Our co-ownership consists of a small building. We only have 3 units. We don't really need to meet this year, because nothing interesting is to report and anyway we talk regularly in front of the building. Everything is going well. My neighbour tells me that it would be preferable to…...
01/03/2010
Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?...