Definition : Description of the fractions

The third part of the declaration of co-ownership intended to enunciate the cadastral description of the common and private portions of a co-ownership and the description of the real rights attached to the immovable (for example, a servitude of right of way).

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22/06/2024

Correcting a clerical error in a declaration of co-ownership

I discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the units is omitted in the description of the fractions, although it is correctly mentioned elsewhere in the declaration of co-ownership, notably in the table of relative values. As a director of our co-ownership,…...

Syndicate
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28/02/2003

Amendment of the declaration of co-ownership

The declaration of co-ownership is a contract that binds all co-owners. It is generally published by the developer after the construction of the building. As for existing buildings to be converted into divided co-ownership, the owner or owners will have it published once the conversion process is completed. That said, this…...

Syndicate
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20/01/2024

Enhanced majority

The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties.  In addition, this enhanced majority is intended to temper…...

Syndicate

11/01/2024

Contents of the declaration of co-ownership

.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization…...

Syndicate

01/01/2024

Capsule vidéo avec Yves Joli-Coeur: La déclaration de copropriété

Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur explique en détail le concept de la déclaration de copropriété. Il s’agit d’une convention qui organise et réglemente la vie collective des copropriétaires et occupants de l’immeuble. Cette convention définit notamment leurs droits et obligations. Comme il s’agit d’un acte authentique, elle doit…...

Syndicate

30/12/2023

Declaration of co-ownership

The declaration of co-ownership is an agreement that organizes and regulates the collective life of the of the co-owners and occupants of the building. This agreement defines their rights and obligations. As it is an authentic act, it must be received by a notary. The declaration of co-ownership is often…...

Syndicate
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30/12/2023

Relative value of a fraction

Divided co-ownership is a housing formula that usually has more than one owner.  In order to assess and quantify the interest of each person in the building, the legislator has provided that the right of ownership of each owner in the common portions is proportional to the relative value of his…...

Syndicate
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08/06/2015

Co-ownership fraction

In divided co-ownership, the right of ownership is divided, among the co-owners, by "fractions", each comprising a materially divided private portion (e.g. a residential unit, a parking or storage space, and sometimes even a plot of land) and a share of the common portions. To each fraction is attached an undivided right…...

Purchase

08/06/2015

Private portions and common portions

The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...

Purchase

25/10/2010

Description of the immovable

Co-ownership is a collective property in which the co-owners have a right of ownership over their respective fraction: each co-owner has an undivided right to the common portions while he will have an exclusive right of ownership over his private portion. This is how you purchase an apartment in a…...

Purchase