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Key concept in divided co-ownership, the destination determines the affectation of the private and common portions. It also determines the extent of co-owners' rights and protects the collective interest. It generally constitutes all the conditions under which a co-owner has acquired his private portion. The declaration of co-ownership (constitutive act of co-ownership) determines the destination of the immovable, the destination of the private portions, and the destination of the common portions.
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…...
11/01/2024
.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…...
30/12/2023
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of…...