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A natural or legal person who owns a fraction, for example an apartment, with one or more other co-owners (e.g. spouses). The shares of the co-owners are presumed equal, in the absence of indication, in the deed of acquisition, of the interest of each (expressed as a percentage) in the right of ownership of the fraction. Each co-owner exercises his rights in proportion to his undivided share.
WHAT YOU SHOULD KNOW ! 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.
02/03/2010
During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has…...
08/06/2015
The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...
14/02/2021
Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal co-ownership? And if so, what would be the impact on representativeness at the general meeting of the horizontal co-ownership (AGM)? For example, could a few co-owners of a vertical co-ownership act for all the co-owners without having previously held…...
25/07/2016
The first sentence of article 1090 of the Quebec civil Code states that "Each co-owner is entitled to a number of votes at a general meeting proportionate to the relative value of his fraction." The number of votes is related to the share of property rights each co-owner holds in the building. Therefore, the co-owner of a…...
02/03/2010
Question: I do not understand how my right to vote at co-ownership meetings works. As a matter of fact, I am not the sole owner of my unit: my spouse and I are both on the ownership title, we are co-owners of equal shares (50%-50%). I have the impression that if…...