Definition : Co-ownership by phases - Initial co-ownership

Co-ownership established following the publication of an initial declaration of co-ownership within the framework of setting-up a co-ownership by phases. The private portions are generally constituted of the lots intended to receive a building. Each of these lots is governed, once the building erected, by a concomitant declaration of co-ownership. The common portions are on their part constituted of the land and other equipment destined to the community of the co-owners of the project, such as the roadways, the outside parkings or the swimming pool.

Presumed mandate of undivided asssembly (Initial co-ownership)

Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal condominium? And if so, what would be the impact on representativeness at the general meeting of the horizontal condominium (AGM)? For example, could a few co-owners of a vertical condominium act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical condominium AGM?

CO-OWNERSHIP FAÇADES

The façades of a building not only ensure its watertightness, they alare also a main component of its appearance. In addition to protecting the occupants from the elements, the façades have an identity and style. It is therefore essential to ensure their structural and architectural integrity, if major work needs to be carried out to repair or replace them. More specifically, the main façades of a building, whose history and conceptual integrity require meticulous interventions. Whether it is on a stand alone building, a co-ownership by phases or on townhouses. This is especially true in co-ownerships, where respecting the specific intention of the architect who designed the building is essential. In addition, some façades are subject to the Building Chapter of the Safety Code (BCSC), adopted in 2013 by the Régie du bâtiment du Québec (RBQ). They must be inspected at fixed intervals and, if necessary, corrective work must be carried out to keep them safe. A review of the components that make up the envelope of a building, and which require special attention.

Composition of the board of directors

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. Each director acts as a mandatary of the syndicate of co-owners. This person must comply with the obligations imposed on him by law and the constituting act of co-ownership and act within the limits of the powers conferred on him. A director sits on the syndicate's board of directors.

Co-ownership by phases

Large-scale real estate developments in divided co-ownership are often carried out in successive stages, the number of buildings and the duration of the work are a function of the marketing and interim construction financing. Some co-ownerships have more than one building that have in common community spaces such as a parking lot, a swimming pool and traffic lanes. In such a context, it is then a question of "co-ownership in phases". This type of co-ownership allows the developer to spread the design of a real estate project over several years, and to modulate the pace of construction work according to the evolution of unit sales. However, it is customary to announce in the preamble of the declaration of co-ownership the legal structure chosen for this type of co-ownership.

Definition : Co-ownership by phases - Initial co-ownership

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