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Dismemberment of the right of ownership by which the holder of this right (the usufructuary) has, for a certain time, the right of enjoyment of property owned by another (the bare owner), subject to the obligation of the usufructuary of preserving its substance (preservation). The voting right attached to a fraction of co-ownership belongs to the usufructuary. However, the bare owner may exercise such voting rights when the object of the vote is modifying the substance of the property held in co-ownership, changing its destination or terminating the syndicate of co-owners. This allocation of voting rights is not opposable to the syndicate; it is to be discussed only between the usufructuary and the bare owner. In addition, the co-owner who grants such a right of use must, within 15 days, notify the syndicate of co-owners. It indicates the name of the usufructuary, the duration of the right of use and the date on which he gave him a copy of the by-laws of the immovable.
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
The right to vote is the very foundation of a democracy. The citizens who are part of it can thus express their will in an election. In principle, this right is equal among all voters. In effect, it is equivalent to "one person, one vote", which means that all the…...
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
When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening its provisions.They sometimes unduly use…...
17/04/2024
The contingency fund is set up on the basis of forward planning limited to certain work namely that which the purpose is the preservation of the common portions; thus, this collective saving allows to finance the execution of work allowing the rehabilitation of the common portions as well as the common portions for restricted use. The contingency fund must…...
14/01/2017
The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...