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Natural or legal person holding a hypothec on a fraction of co-ownership. In relation to the syndicate of co-owners, a hypothecary creditor is an interested party when the decision is taken to terminate the co-ownership. Indeed, this decision of the general meeting of co-owners must be supported by the written consent of all persons holding hypothecs on all or a portion of the immovable.
27/06/2025
In vertical co-ownership, each apartment is represented by a volume of air registered in the cadastral survey. This volume defines what each co-owner possesses. The land and the building's structure (foundations, load-bearing walls, roof) form the common portions, which are also identified in the cadastre. But what happens if the…...
20/07/2024
The divided co-ownership of a building is not necessarily intended to last for eternity. The end of the co-ownership, and therefore the dissolution and liquidation of the syndicate, is justifiable, for various reasons. The dissolution of a co-ownership leads to a liquidation process. This process is regulated by articles 1108 and 1109 of the Civil…...
30/06/2024
The failure to pay general or special common expenses (condo fees) is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have…...
30/06/2024
Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...
03/06/2015
It is indeed a rare occurrence when a buyer pays its condo, in one single payment. Most of them must obtain a mortgage loan to finance their purchase. What are the criteria and conditions to get a mortgage loan? Whom should you get it from? Banks, credit unions or other sources? What…...
03/12/2023
When you buy in a newly built divided co-ownership, a portion of the fractions of the building (apartment, parking or storage space, etc.), or even all, can be the subject of a notice of legal hypothec of construction. The Civil Code of Quebec introduced this hypothec in order to protect…...
25/10/2010
The deed of sale must show the intent of both the seller and the purchaser. It confirms the agreements between the parties, in particular those of a financial nature. These agreements are generally written in details in the offer to purchase. Keep in mind that it is not compulsory to reproduce…...