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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.
19/01/2025
At our most recent co-owners’ meeting, the president of the board of directors proposed selling a portion of the land located in the backyard of our building. He explained that the proceeds from the sale could be used to replenish the reserve fund, which, according to him, is currently insufficient…...
03/01/2025
The owner of the apartment below mine uses a barbecue almost daily on their balcony, despite the rules established in our declaration of co-ownership. Each time they use it, the smoke and the smell of grilled meat invade my space, to the point that I can no longer enjoy my…...
12/12/2024
I would like to replace the carpet in my apartment with hardwood flooring, in order to improve the aesthetics and comfort of my residence, while increasing its long-term value. However, a director informed me that prior authorization from the board of directors was required to make this change. He also told…...
29/10/2024
Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal…...
24/07/2024
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…...
20/07/2024
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…...
20/07/2024
.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…...
01/07/2024
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.…...
01/07/2024
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…...
30/06/2024
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 may lead both the syndicates and co-owners to consider installing surveillance cameras in the building. For many, when a co-ownership (condominium) faces repeated acts of vandalism or experiences burglaries, video surveillance is often seen as an effective solution, especially since the decrease 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…...
20/07/2023
Our co-ownership is composed of more than 350 apartments, and a significant percentage of these are owned by co-owners who rent to tenants of Muslim faith. Many of these tenants regularly use the common facilities, including the pools. Our indoor and outdoor pool regulations are clear: only the wearing of…...
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…...
27/12/2017
A co-owner carried out work on their terrace (a common portion for restricted use) without obtaining prior authorization from the board of directors. Since this work, leaks have been detected at the roof level, causing damage and posing risks to the building's integrity. This situation illustrates the limitations of co-owners'…...
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…...