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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.
20/01/2024
The Civil Code of Quebec, in articles 1098 and 1108, establishes a "double majority" for certain significant decisions of the co-ownership assembly, requiring a consensus in both the number of co-owners and voting rights. Article 1098 of the Civil Code of Quebec deals with major decisions such as changing of use of the…...
20/01/2024
The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties. In addition, this enhanced majority is intended to temper…...
13/01/2024
The first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its…...
30/12/2023
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…...
28/02/2021
The Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership.The major decisions that can potentially concern each member of the co-ownership are in principle taken in assembly. Whether for the work of alteration or improvement of the common portions, the election of the members of the board…...