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Legal act by which a syndicate of co-owners disposes of the right of ownership of an immovable. For example, the syndicate sells :
The creation of servitudes against the common portions is also considered an act of alienation of immovable property (e.g. a servitude of right of way granted to a neighbour). In matters relating to acts of alienation, the general meeting of co-owners must approve them by the enhanced majority of article 1097 of the Civil Code of Québec.However, when it comes to an alienation of common portions whose conservation is necessary to maintain the destination of the immovable, it is then required to obtain a favorable vote of a majority of the co-owners present, represented or absent according to the double majority of article 1098 of the Civil Code of Quebec.
03/02/2026
A municipality undertakes a public infrastructure project: widening of a roadway, addition of a sidewalk, installation of a technical network. To do so, it proceeds with the expropriation of a portion of a building held in co-ownership. The portion concerned corresponds to a common portion — sometimes even a common…...
06/05/2025
In a co-ownership, the holding of co-owners’ meetings is essential to the proper functioning of the syndicate. In practice, however, many syndicates face a recurring difficulty: co-owner absenteeism. This increasingly common phenomenon compromises the attainment of the required quorum, thereby preventing the meeting from validly deliberating. To avoid such deadlock…...
19/01/2025
At our most recent co-owners’ meeting, the president of the board of directors proposed selling a portion of the land located in the backyard of our building. He explained that the proceeds from the sale could be used to replenish the reserve fund, which, according to him, is currently insufficient…...
20/07/2024
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of…...