Definition : Share (private portion)

Share of the right of ownership that a co-owner holds in a private portion with one or more other co-owners. The undivided co-owners of a fraction exercise their voting rights in the proportion of their undivided share. For example, Robert, undivided co-owner, owns 60% of the apartment and Louise, the other undivided co-owner, owns 40%, while the apartment has a relative value of 10%: Robert will have 6 votes at the meeting and Louise 4 votes.

 WHAT YOU SHOULD KNOW! The shares of the undivided co-owners are presumed equal, unless the deed of sale or an indivision agreement mentions a different distribution.

WARNING ! The co-owner of a fraction held in indivision who is absent from a meeting of co-owners is presumed to have mandated the other co-owners of that fraction to represent him, unless the absentee has, in writing, mandated a third person for that purpose or has indicated his refusal to be represented. The absentee’s voting rights are partitioned proportionately to the rights of the other co-owners in the indivision.

 

Related articles

{alt}

21/09/2024

Co-ownership fraction

In divided co-ownership, the property of the building is divided among the co-owners in the form of "fractions." Each fraction includes a clearly defined private section, such as an apartment, a parking space, a storage unit, or even sometimes a piece of land. Additionally, each fraction grants a share of the common…...

Purchase
{alt}
lock
You need to have an account to read this article

14/07/2024

Undivided co-owner of a fraction : being represented at the Meeting of co-owners

The co-owners of an apartment in the building, Mr. Dupont and Mrs. Tremblay, are spouses in the process of divorce. Mr. Dupont has not attended the co-ownership meetings for two years, while Mrs. Tremblay is currently hospitalized. She wishes to be represented by her son at the next annual meeting.…...

Your Rights

13/12/2023

Divided co-ownership (‘‘condo’’) and undivided co-ownership

When purchasing real estate, it's important to fully understand the different types of ownership that affect your rights and obligations as a potential buyer. If you're looking for an apartment, ask whether it's part of a divided or undivided co-ownership. While both involve sharing a building among several co-owners, the…...

Purchase
{alt}

28/03/2023

Webradio du 29 mars 2023: Répartition des charges communes

La webradio du mercredi 29 mars 2023 a porté sur le mode de répartition des charges communes entre les copropriétaires. La copropriété donne lieu à des dépenses relatives à l’entretien des parties communes et l’administration courante du syndicat. Les coûts d'administration, d'entretien, de remplacement, d'amélioration ou de transformation des parties communes constituent des…...

Management