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Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. More of an incentive than a creator of rights, this article aims to encourage syndicates to come together to share, in particular, the cost of certain common services. The latter can thus pool resources for the maintenance and conservation of their immovable. By seeking strength in numbers, the united syndicates of co-owners can devise effective strategies to better cope…...
The board of directors is one of the two decision-making bodies of the syndicate of co-owners. It is a mandatory decision-making body for any syndicate of co-owners. Composed of one or more directors, it is the cornerstone of any well-managed co-ownership. In principle, it is the board of directors as a group that makes the decisions and not the directors individually. Its mission is to administer and ensure the preservation of the immovable. Its operation…...
The process leading to convening a general meeting of co-owners must be rigorously observed. It is necessary to comply with certain formal conditions and time constraints, otherwise the decisions taken during such general meeting could be invalidated. The co-owners are informed of the holding of the general meeting of co-owners by the reception of the notice of meeting. This written notice must indicate the date, time and venue of the meeting and the questions on…...
When acquiring a dwelling in a multi-unit residential building (duplex, triplex, etc.), many buyers initially opt for undivided co-ownership, as direct conversion into divided co-ownership is often restricted. However, a building held in undivided ownership may be converted into divided co-ownership if certain conditions are met. This transformation constitutes a regulated legal operation involving a decision by the undivided owners, the intervention of professionals and compliance with the requirements set out notably in the Civil…...
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into lots composed of a private portion and a share of the common portions, and which belong to one or more different persons. The community of co-owners acquires…...
The syndicate of co-owners, as a legal person, has a juridical personality. It acts through two decision-making bodies, the meeting of the co-owners and the board of directors. The directors are natural persons who make up the board of directors of the syndicate of co-owners, of which they are also the mandataries. In principle, it is the board of directors as a group that makes the decisions and not the directors individually. The latter are appointed or elected…...
When a building becomes subject to the legal regime of divided co-ownership, the administration of the syndicate is initially entrusted to a natural person—usually one — appointed by the developer. This phase is called transitional administration. This pivotal stage marks the shift from unique ownership of developer to a shared governance between the co-owners, which raise specific challenges related to transparency and management....
The meeting of co-owners is the gathering of all the co-owners, to make the decisions necessary for the sustainability of the building and the proper functioning of the co-ownership. It is one of the two decision-making bodies of the syndicate. This should be held at least once a year, but it can take place as often as necessary. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and…...
The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16, has put in place judicial mechanisms to overcome these difficulties. Article 1086.4 was thus introduced into the Civil Code of Quebec. This addition allows the…...
Before the COVID-19 pandemic, meetings of co-owners were required to be held in person, as technological means were not recognized under the Civil Code of Québec. However, the health crisis led to a temporary legal adaptation, exceptionally allowing virtual meetings. This solution, initially meant to be transitional, was later made permanent through legislative amendment. From now on, meetings may be held remotely or in a hybrid format — combining physical and virtual presence — provided…...
