A certain co-ownership type characterized by the developer’s choice of staggering the construction of his real estate project over a few years. Two main methods can be used to achieve this phasing, or even combined : the Landry method on the one hand, and the method known as concomitant declarations, on the other hand.
The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as the other terms and conditions of their office, are fixed by the by-laws of an immovable.
La copropriété par phases permet au promoteur d’étaler la conception d’un projet immobilier sur plusieurs années, et de moduler le rythme des travaux de construction selon l’évolution des ventes d’unités. Cette formule implique que le promoteur, plutôt que d’établir une fois pour toutes la copropriété qu’il veut créer, procède par étapes.
The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to establish themselves, in their declaration of co-ownership, the rules that best suit them. However, the appointment of directors generally falls within the competence of the general meeting of co‑owners, although the declaration of co-ownership may provide for other provisions.