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The use intended for the immovable in accordance with its purpose, location and construction features. For instance, the destination may be residential, commercial or mixed. It has, more particularly, the object of protecting individual rights of the co-owners and of imposing certain limits to the manner in which co-owners can enjoy their private portions. The declaration of co-ownership (Constituting Act) defines in part the destination of the immovable.
WARNING! Given its fundamental importance, any change to the destination of the immovable requires a favourable vote by three-quarters of the co-owners, representing 90% of the votes of all co-owners. Article 53 of the Act Respecting the Implementation of the Reform of the Civil Code (L.Q. 1992, c. 57) provides, however, that if a declaration of co-ownership registered prior to 1994 establishes the unanimity rule for decisions regarding the change of the destination of the immovable, this requirement remains, despite sections 1098(1) and 1101 of the Civil Code of Québec.
09/06/2024
Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...
04/05/2024
The presence of a swimming pool in a divided co-ownership is a significant attraction for the building's occupants, transforming common portions into a haven of relaxation and comfort. This facility allows residents to enjoy swimming pleasures without leaving the comfort of their home. Effective management and proper use of this…...
29/03/2024
The desire to preserve the safety of people and property can lead both syndicates and co-owners to consider the installation of surveillance cameras in the immovable. For many, when a co-ownership (condominium) faces repeated acts of vandalism or burglary, video surveillance seems like the only solution especially as the low cost of installations and…...
20/01/2024
In co-ownership law, unanimity is a rule that requires the agreement of all co-owners, not just those present or represented at the meeting of co-owners. To adopt a unanimous decision, it requires the favourable opinion of all the co-owners, no votes against, and no abstentions. Unanimity is the highest level…...
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…...
01/04/2023
In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact…...
07/08/2021
Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on…...
09/08/2022
In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance.…...
01/07/2018
Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if…...
14/01/2017
The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...