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Usage allocated to each private portion under the declaration of co-ownership (constituting act of the co-ownership). The purpose of private portions defines the co-owners' enjoyment rights over their private portion. For example, a private portion designated exclusively for residential use cannot be used to operate a daycare. The purpose of the private portion is one of the criteria considered when determining the relative value of each fraction.
WHAT YOU SHOULD KNOW ! The relative value of each fraction is determined in relation to the value of the entire building, taking into account, among other factors, the purpose of each private portion.
WHAT TO KEEP IN MIND: The change in the destination of a private portion can be authorized by the meeting of co-owners with the agreement of the concerned co-owner, provided it does not conflict with the destination of the immovable or infringe on the rights of other co-owners.
WARNING! The criteria of destination must not be confused with the concept of use. The destination of a private portion refers to its assigned function, such as residential or commercial, while the use pertains to its specific application (e.g., bookstore or jewelry store).
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…...
23/07/2024
The syndicate of co-owners is composed of all co-owners. Its powers are established in the collective interest of the co-owners, while respecting the individual rights guaranteed by the declaration of co-ownership and the Charter of Human Rights and Freedoms, particularly regarding the inviolability of the home. It acts as a legal…...
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.…...