By continuing your navigation, you accept the use of cookies to have services and offers tailored to your interests.
To learn more view our Cookie Policy.
The use intended for the immovable in accordance with its purpose, location and construction features. For instance, the destination may be residential, commercial or mixed. It has, more particularly, the object of protecting individual rights of the co-owners and of imposing certain limits to the manner in which co-owners can enjoy their private portions. The declaration of co-ownership (Constituting Act) defines in part the destination of the immovable.
WARNING! Given its fundamental importance, any change to the destination of the immovable requires a favourable vote by three-quarters of the co-owners, representing 90% of the votes of all co-owners. Article 53 of the Act Respecting the Implementation of the Reform of the Civil Code (L.Q. 1992, c. 57) provides, however, that if a declaration of co-ownership registered prior to 1994 establishes the unanimity rule for decisions regarding the change of the destination of the immovable, this requirement remains, despite sections 1098(1) and 1101 of the Civil Code of Québec.
28/12/2025
Condolegal presents a new video capsule devoted to a fundamental concept of co-ownership law: the destination of the immovable. Too often misunderstood or underestimated, this concept nonetheless plays a central role in balancing the rights and obligations of co-owners. In this capsule, Me Yves Joli-Cœur, an emeritus lawyer and an…...
12/12/2025
The Court of Appeal has just rendered a major decision in the field of divided co-ownership in Quebec, confirming that a syndicate cannot modify the minimum rental period when such a modification alters the destination of the immovable, without obtaining the double majority required under article 1098 of the Civil…...
12/07/2025
I own a commercial unit located on the ground floor of a divided co-ownership building, with a mixed-use destination, where the upper floors of which are occupied by residential units. I wanted to convert my convenience store into a restaurant, and I recently asked the board of directors for permission…...
04/07/2025
The board of directors decided to cut down a tree at the entrance to the property. It was a very old apple tree. It was unpleasant for many people to know that they were constantly walking through the debris of crabapples that had fallen to the ground on the sidewalk…...
17/06/2025
Amending the declaration of co-ownership is a legal act governed by strict rules. In principle, all amendments must be adopted by the meeting of co-owners, in accordance with varying majority requirements. These majorities depend on the nature of the proposed amendment and the specific section of the declaration involved (the…...
09/03/2025
In our co-ownership, we have noticed that the presence of dogs can sometimes be a source of nuisance, whether it be frequent barking, odors, or the cleanliness of common areas. Several co-owners have expressed their wish to maintain a peaceful and harmonious living environment. In response to these concerns, we…...
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…...
12/12/2024
I would like to replace the carpet in my apartment with hardwood flooring, in order to improve the aesthetics and comfort of my residence, while increasing its long-term value. However, a director informed me that prior authorization from the board of directors was required to make this change. He also told…...
29/10/2024
Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal…...
24/07/2024
In co-ownership law, unanimity is a rule that requires the agreement of all co-owners, not just those present or represented at the meeting of co-owners. To adopt a unanimous decision, it requires the favourable opinion of all the co-owners, no votes against, and no abstentions. Unanimity is the highest level…...
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…...
01/07/2024
In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance.…...
01/07/2024
In recent years, there has been a trend towards renting units held in divided co-ownership in large urban centres as well as in resort centres. Although renting a property is a recognized ownership right for a co-owner, he must know the rules applicable in this matter. The law and the declaration…...
01/07/2024
In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact…...
16/06/2024
Many co-owners carry out work to renovate their apartments, after moving in, to make them more in tune with their tastes and personalities. Redecorating the premises and integrating new equipment,such as in the kitchen or the bathroom, is a legitimate endeavor. To know the rules to be respected, it is…...
04/05/2024
The presence of a swimming pool in a divided co-ownership is a significant attraction for the building's occupants, transforming common portions into a haven of relaxation and comfort. This facility allows residents to enjoy swimming pleasures without leaving the comfort of their home. Effective management and proper use of this…...
29/03/2024
The desire to preserve the safety of people and property may lead both the syndicates and co-owners to consider installing surveillance cameras in the building. For many, when a co-ownership (condominium) faces repeated acts of vandalism or experiences burglaries, video surveillance is often seen as an effective solution, especially since the decrease in…...
20/07/2023
Our co-ownership is composed of more than 350 apartments, and a significant percentage of these are owned by co-owners who rent to tenants of Muslim faith. Many of these tenants regularly use the common facilities, including the pools. Our indoor and outdoor pool regulations are clear: only the wearing of…...
16/09/2010
The declaration of co-ownership is intertwined with the purchase of an apartment held in divided co-ownership. A genuine "user's guide", this document defines the rules to be observed in the immovable, as well as its administrative and management guidelines. Before acquiring a condo, any careful buyer should, imperatively, read the declaration…...