Definition : Act of alienation of immovables by the syndicate of co-owners

Legal act by which a syndicate of co-owners disposes of the right of ownership of an immovable. For example, the syndicate sells :

The creation of servitudes against the common portions is also considered an act of alienation of immovable property (e.g. a servitude of right of way granted to a neighbour). In matters relating to acts of alienation, the general meeting of co-owners must approve them by the enhanced majority of article 1097 of the Civil Code of Québec.

 

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 The resolutions of the General Meeting of the co-owners require complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law imposes three levels of majority: absolute, enhanced and double majority, depending on the importance of the decision to be taken.
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