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Legal structure under which an immovable is subject to a declaration of co-ownership, the purpose of which is to govern the relationship between the co-owners and the directors. By the publication of the declaration of co-ownership, the immovable is divided into fractions, owned by one or more persons, called "co-owners". Each of the co-owners owns a fraction comprising a private portion and a share of the common portions. These common portions belong to all the co-owners. All immovables, whether residential, commercial or industrial, may, in principle, be subject to the divided co-ownership regime.
WARNING ! Divided co-ownerships and syndicates of co-owners exist only as of the publication of the declaration of co-ownership at the Land registry office (Land Register).
02/11/2021
Dans capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet crucial dans le domaine de l’immobilier résidentiel : la différence entre la copropriété divise et la copropriété indivise. Il existe deux types de copropriétés, chacune ayant ses propres caractéristiques et implications juridiques. La première est la copropriété divise, où chaque…...
30/12/2023
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
30/12/2023
When it comes time to acquire a home, many buyers turn to the acquisition of a multi-unit building (such as a duplex, triplex, quadruplex, etc.). The direct conversion of rental units to divided co-ownership is prohibited in some cities, with a few exceptions, which is why owners first turn them…...
23/11/2023
If you are shopping for an apartment, ask yourself if it is located in a divided or undivided co-ownership. Although these two concepts are similar, as they ultimately aim to share the same building by several people called co-owners, the legal and financial implications are not the same. These two…...
23/11/2023
In undivided co-ownership, the rights of withdrawal and of first refusal may disrupt the course of a real estate transaction. It is important to know that other co-owners may take precedence over a potential purchaser. The title of the latter could be precarious for some time: a buyer who…...
08/06/2015
In divided co-ownership, the right of ownership is divided, among the co-owners, by "fractions", each comprising a materially divided private portion (e.g. a residential unit, a parking or storage space, and sometimes even a plot of land) and a share of the common portions. To each fraction is attached an undivided right…...
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09/08/2022
We often hear the words "condo", "condo fees", "purchase and sale of a condo" and "Condolegal.com". Question: What is the origin of the word “condo” and what does it really mean?...