Definition : Work - Work modifying the destination of the immovable

Work that upon completion does not comply with the destination of the immovable, at that time. This is the case, for example, for backfilling an outdoor swimming pool to build a parking lot or the development of a commercial space in a co-ownership in which the destination is exclusively residential. This work must:

 WARNING ! For some co-ownerships constituted before January 1, 1994, the declaration of co-ownership may validly provide for an even larger majority than those provided for in articles 1097 and 1098 of the Civil Code of Québec. It can impose unanimity, in other words require the consent of all co-owners.

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As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.      
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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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