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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.
23/07/2024
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…...
23/07/2024
During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...
14/07/2024
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.…...
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…...
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…...