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The use that shall be given to each private portion under the provisions of the declaration of co-ownership (Constituting Act) and the purpose of which is which is to provide the limitations to its right of enjoyment. For example, if a private portion is intended for residential use, the co-owner may not use it for business. Furthermore, one should know that the amendment to the destination of a private portion may be authorized by the meeting of the co-owners with the consent of the co-owner affected under reserve that the amendment is not contrary to the destination of the immovable and that it does not infringe on the rights of the other co-owners.
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.…...