Definition : Destination

Key concept in divided co-ownership, the destination determines the affectation of the private and common portions. It also determines the extent of co-owners' rights and protects the collective interest. It generally constitutes all the conditions under which a co-owner has acquired his private portion. The declaration of co-ownership (constitutive act of co-ownership) determines the destination of the immovable, the destination of the private portions, and the destination of the common portions.

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The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his lot.
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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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