Definition : Destination - Destination of the immovable

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.

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  The declaration of co-ownership is binding upon the co-owners and, in principle, on the occupants and tenants of the immovable. It is the responsibility of the Board of Directors to enforce its content. By failing to do so, the members of the Board may, in some cases, be held liable toward the co-owners.
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The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. The destination allows the determination the type of co-ownership established and defines the use(s) that can be made of the private and common portions. The destination of the immovable can be exclusively residential or commercial or residential but with the possibility of exercising professional activities. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.
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The resolutions of the General Meeting of the co-owners are adopted or rejected, as the case may be, if a majority is reached or not. Depending on the repercussions such resolutions may have on the co-ownership, the majority required will be more or less difficult to achieve. The General Meeting of the co-owners adjudicates at two different majority levels: absolute majority and double majorities (enhanced majorities).
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