RSS condolegal 2018-10-15T14:53:17+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Declaration of co-ownership ]]>

The declaration of co-ownership is a convention that organizes and regulates the collective life of the co-owners and occupants of the building. This Convention defines in particular their rights and obligations. It is usually developed unilaterally by the developer or owner of the building. Legally, the declaration of co-ownership is a real contract of adhesion, because any new co-owner is obliged to adhere to it.

This is a key legal document. Its publication gives rise to the co-ownership and the syndicate. Look at the different aspects of the declaration of co-ownership.

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2017-09-23T10:11:00+0000 2018-03-29T10:37:20+0000 http://en.condolegal.com/syndicate/factsheets/2291-Declaration-of-co-ownership The declaration of co-ownership is a convention that organizes and regulates the collective life of the co-owners and occupants of the building. This Convention defines in particular their rights and obligations. It is usually developed unilaterally by the developer or owner of the building. Legally, the declaration of co-ownership is a real contract of adhesion, because any new co-owner is obliged to adhere to it. This is a key legal document. Its publication gives rise to the co-ownership and the syndicate. Look at the different aspects of the declaration of co-ownership.
<![CDATA[The creation of a divided co-ownership]]>

From the first day of existence of the co-ownership, that is to say when its declaration of co-ownership is published in the Land Register of Quebec, the co-owners as one body constitute a “syndicate of co-owners”. This legal person must ensure the "preservation of the immovable and manage the common portions." To form this co-ownership several steps involving many protagonists are necessary.

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2017-01-02T00:18:00+0000 2018-02-25T14:13:55+0000 http://en.condolegal.com/syndicate/factsheets/578-creation-divided-co-ownership From the first day of existence of the co-ownership, that is to say when its declaration of co-ownership is published in the Land Register of Quebec, the co-owners as one body constitute a “syndicate of co-owners”. This legal person must ensure the "preservation of the immovable and manage the common portions." To form this co-ownership several steps involving many protagonists are necessary.
<![CDATA[Converting an undivided co-ownership into divided co-ownership (condos)]]>

An immovable whose dwellings are all occupied by undivided owners, can be converted into divided co-ownerships, subject to certain conditions. But carrying out this conversion requires to overcome several steps involving all owners concerned.

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2016-06-13T13:11:00+0000 2018-03-11T14:08:59+0000 http://en.condolegal.com/syndicate/factsheets/2037-Converting-an-undivided-co-ownership-into-divided-co-ownership An immovable whose dwellings are all occupied by undivided owners, can be converted into divided co-ownerships, subject to certain conditions. But carrying out this conversion requires to overcome several steps involving all owners concerned.
<![CDATA[Termination and liquidation of the co-ownership]]>

The divided co-ownership of an immovable is not necessarily destined to last forever. The termination of the co-ownership, and by the same token the dissolution and liquidation of the syndicate, is a question that will eventually arise for some co-ownerships. Furthermore, its termination is governed by articles 1108 and 1109 of the Civil Code of Québec, which refer to the rules applicable to legal persons concerning their liquidation.

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2016-06-12T21:44:00+0000 2018-08-20T22:21:12+0000 http://en.condolegal.com/syndicate/factsheets/641-termination-liquidation-condo-co-ownership The divided co-ownership of an immovable is not necessarily destined to last forever. The termination of the co-ownership, and by the same token the dissolution and liquidation of the syndicate, is a question that will eventually arise for some co-ownerships. Furthermore, its termination is governed by articles 1108 and 1109 of the Civil Code of Québec, which refer to the rules applicable to legal persons concerning their liquidation.
<![CDATA[Destination of the immovable]]> 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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2015-02-18T20:46:00+0000 2018-07-26T06:44:49+0000 http://en.condolegal.com/syndicate/factsheets/565-destination-of-the-immovable 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.
<![CDATA[Syndicate of co-owners ]]>

The Syndicate of co-owners plays a crucial role in a co-ownership, as it is its legal representative. A legal person constituted of all the co-owners (the collectivity of the co-owner) and governed by the Civil Code of Quebec. As such, it has rights, obligations but also responsibilities. He has for object the preservation of the immovable, the maintenance and the administration of the common portions and the protection of the collective interests of the co-owners. An overview of its role and its various powers.

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2015-02-17T16:03:10+0000 2018-02-16T19:04:13+0000 http://en.condolegal.com/syndicate/factsheets/1803-syndicate-of-co-owners The Syndicate of co-owners plays a crucial role in a co-ownership, as it is its legal representative. A legal person constituted of all the co-owners (the collectivity of the co-owner) and governed by the Civil Code of Quebec. As such, it has rights, obligations but also responsibilities. He has for object the preservation of the immovable, the maintenance and the administration of the common portions and the protection of the collective interests of the co-owners. An overview of its role and its various powers.
<![CDATA[Association of co-ownership syndicates]]>

Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. The latter can thus pool resources for the maintenance and conservation of their immovable. By seeking strength in numbers, the united syndicates of co-owners can devise effective strategies to better cope with some common expenses and achieve economies of scale

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2015-02-15T14:36:00+0000 2018-02-16T15:39:58+0000 http://en.condolegal.com/syndicate/factsheets/2175-association-of-co-ownership-syndicates Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. The latter can thus pool resources for the maintenance and conservation of their immovable. By seeking strength in numbers, the united syndicates of co-owners can devise effective strategies to better cope with some common expenses and achieve economies of scale
<![CDATA[General Meeting of the Co-owners]]>

The General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and vote upon important decisions. This occurs at General Meetings of the co-owners, which is the prime democratic body in the co-ownership. Their conduct obeys certain rules of form and content. An overview of the various specific aspects of General Meetings of the co-owners.

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2012-03-02T20:05:00+0000 2017-12-25T11:59:41+0000 http://en.condolegal.com/syndicate/factsheets/1126-general-meeting-of-co-owners The General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and vote upon important decisions. This occurs at General Meetings of the co-owners, which is the prime democratic body in the co-ownership. Their conduct obeys certain rules of form and content. An overview of the various specific aspects of General Meetings of the co-owners.
<![CDATA[Calling general meeting]]>

The process leading to convening a general meeting of co-owners must be rigorously observed. It is necessary to comply with certain formal conditions and time constraints, otherwise the decisions taken during such general meeting could be invalidated. The co-owners are informed of the holding of the general meeting of co-owners by the reception of the notice of meeting. This written notice must indicate the date, time and venue of the meeting and the questions on the agenda. Depending on the nature of these questions, certain documents must be attached to said notice. Look at different aspects of calling the general meeting.

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2012-03-02T20:05:00+0000 2018-01-18T10:46:16+0000 http://en.condolegal.com/syndicate/factsheets/620-calling-the-general-meeting The process leading to convening a general meeting of co-owners must be rigorously observed. It is necessary to comply with certain formal conditions and time constraints, otherwise the decisions taken during such general meeting could be invalidated. The co-owners are informed of the holding of the general meeting of co-owners by the reception of the notice of meeting. This written notice must indicate the date, time and venue of the meeting and the questions on the agenda. Depending on the nature of these questions, certain documents must be attached to said notice. Look at different aspects of calling the general meeting.
<![CDATA[Agenda of the General Meeting ]]> A General Meeting of the co-owners cannot take place without an agenda. To deliberate in accordance with the Law, co-owners should be able to become aware, before the General Meeting, of the questions on the agenda. This the reason why it should be annexed to the notice of call, usually prepared by the Board of Directors (Board). It contains all the questions to be tabled for deliberation during the General Meeting. This document must be clear and unambiguous to avoid legal challenges. An overview of the various specificities of the agenda.

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2012-03-01T10:00:00+0000 2018-04-05T10:57:38+0000 http://en.condolegal.com/syndicate/factsheets/1148-agenda-general-meeting A General Meeting of the co-owners cannot take place without an agenda. To deliberate in accordance with the Law, co-owners should be able to become aware, before the General Meeting, of the questions on the agenda. This the reason why it should be annexed to the notice of call, usually prepared by the Board of Directors (Board). It contains all the questions to be tabled for deliberation during the General Meeting. This document must be clear and unambiguous to avoid legal challenges. An overview of the various specificities of the agenda.
<![CDATA[Voting in a General Meeting ]]>

The right to vote is a founding principle of democracy. Citizens of a democracy can express their will in a ballot. In principle, this right is equal amongst all voters. Practically speaking, it is equivalent to the «one person, one vote" rule, which means that every vote has the same weight. However, co-ownership derogates from this principle, namely in that the number of votes held by the co- owners is in direct correlation with their rights of ownership in the immovable. An overview of the various aspects of voting in General Meetings of co-owners.

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2010-03-02T22:23:28+0000 2018-06-29T09:54:10+0000 http://en.condolegal.com/syndicate/factsheets/636-voting-general-meeting The right to vote is a founding principle of democracy. Citizens of a democracy can express their will in a ballot. In principle, this right is equal amongst all voters. Practically speaking, it is equivalent to the «one person, one vote" rule, which means that every vote has the same weight. However, co-ownership derogates from this principle, namely in that the number of votes held by the co- owners is in direct correlation with their rights of ownership in the immovable. An overview of the various aspects of voting in General Meetings of co-owners.
<![CDATA[Meeting officers]]>

The appointment of meeting officers is necessary for holding any co-owners meeting. The latter are usually elected at the outset of the meeting, by a separate vote taken by the majority of the votes of the owners present or represented.

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2010-03-01T21:37:00+0000 2018-02-16T13:42:55+0000 http://en.condolegal.com/syndicate/factsheets/1998-officers-president-meeting-co-owners The appointment of meeting officers is necessary for holding any co-owners meeting. The latter are usually elected at the outset of the meeting, by a separate vote taken by the majority of the votes of the owners present or represented.
<![CDATA[Board of directors]]>

The Board of Directors is one of the two decision-making bodies of the syndicate. Composed of one or more directors, its duty is to administer, manage and ensure the preservation of the immovable. Its operation and decision making process are governed by the declaration of co-ownership. An overview of the various specific facets of the Board of directors.

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2008-03-02T00:37:00+0000 2018-04-03T08:15:48+0000 http://en.condolegal.com/syndicate/factsheets/582-board-of-directors The Board of Directors is one of the two decision-making bodies of the syndicate. Composed of one or more directors, its duty is to administer, manage and ensure the preservation of the immovable. Its operation and decision making process are governed by the declaration of co-ownership. An overview of the various specific facets of the Board of directors.
<![CDATA[Director]]>

The directors are natural persons who make up the Board of Directors of the syndicate of co-owners, of which they are also the mandataries. They are appointed or elected to contribute to the accomplishment of the mission of the syndicate and the good management of its property. They must make use of their know-how, skills and experience to accomplish this mission, making sure they respect the Law and the declaration of co-ownership. Their contribution must be performed with honesty, loyalty, care, diligence, efficiency, assiduity and fairness.

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2008-03-01T21:32:00+0000 2018-04-19T07:53:57+0000 http://en.condolegal.com/syndicate/factsheets/570-directors The directors are natural persons who make up the Board of Directors of the syndicate of co-owners, of which they are also the mandataries. They are appointed or elected to contribute to the accomplishment of the mission of the syndicate and the good management of its property. They must make use of their know-how, skills and experience to accomplish this mission, making sure they respect the Law and the declaration of co-ownership. Their contribution must be performed with honesty, loyalty, care, diligence, efficiency, assiduity and fairness.
<![CDATA[Provisional administrator]]> 238-achat-condo

The presence of a Board of Directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate.

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2006-03-14T10:00:00+0000 2018-04-03T08:07:57+0000 http://en.condolegal.com/syndicate/factsheets/1732-provisional-administrator The presence of a Board of Directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate.
<![CDATA[End of the provisional administration]]>

Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. To ensure the star up of the syndicate, the developer usually designates in the declaration of co-ownership (by-laws of the immovable), one of its representatives to act as the provisional administrator of the syndicate.

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2006-03-14T00:54:00+0000 2018-02-16T15:56:33+0000 http://en.condolegal.com/syndicate/factsheets/747-End-of-the-provisional-administration Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. To ensure the star up of the syndicate, the developer usually designates in the declaration of co-ownership (by-laws of the immovable), one of its representatives to act as the provisional administrator of the syndicate.