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A natural or legal person who owns a fraction, for example an apartment, with one or more other co-owners (e.g. spouses). The shares of the co-owners are presumed equal, in the absence of indication, in the deed of acquisition, of the interest of each (expressed as a percentage) in the right of ownership of the fraction. Each co-owner exercises his rights in proportion to his undivided share.
WHAT YOU SHOULD KNOW ! The co-owner of a fraction held in indivision who is absent from a meeting of co-owners is presumed to have mandated the other co-owners of that fraction to represent him, unless the absentee has, in writing, mandated a third person for that purpose or has indicated his refusal to be represented. The absentee’s voting rights are partitioned proportionately to the rights of the other co-owners in the indivision.
02/07/2025
I have to preside over the meeting of co-owners of the initial syndicate of a phased co-ownership, often mistakenly referred to as a horizontal co-ownership. This co-ownership consists of three buildings, each governed by its own declaration of co-ownership. I am wondering about the status of the co-owners of these…...
06/02/2025
I have some questions about how my voting rights work at co-owners' meetings. Indeed, I am not the sole owner of my unit: my spouse and I co-own it in undivided ownership, each holding an equal 50% share. However, I am somewhat confused about how voting rights are exercised in…...
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
During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...
14/07/2024
The co-owners of an apartment in the building, Mr. Dupont and Mrs. Tremblay, are spouses in the process of divorce. Mr. Dupont has not attended the co-ownership meetings for two years, while Mrs. Tremblay is currently hospitalized. She wishes to be represented by her son at the next annual meeting.…...