Definition : Ownership right - Bare ownership

Dismemberment of the right of ownership by which the bare owner retains ownership of the property, but not the right to use and enjoy it, these two prerogatives having been granted to the usufructuary. This dismemberment ends at the end of the duration of the usufruct, which usually takes place on the death of the usufructuary. In addition, the voting rights attached to a fraction of co-ownership belongs in principle to the usufructuary. However, the bare owner may exercise this right to vote when the object of the vote has the effect of modifying the substance of the property held in co-ownership, changing its destination or terminating the syndicate of co-owners. This distribution of voting rights is not enforceable against the syndicate; it is only discussed between the usufructuary and the bare owner. In terms of payment, contributions to the common expenses, the usufructuary and the bare owner are solidary.

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    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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The first sentence of article 1090 of the Quebec civil Code states that "Each co-owner is entitled to a number of votes at a general meeting proportionate to the relative value of his fraction." The number of votes is related to the share of property rights each co-owner holds in the building. Therefore, the co-owner of a private portion whose relative value is higher will have more voting rights. In return, he or she will have to contribute to a larger portion of the costs related to the preservation of the immoveable and the maintenance and administration of the common portions, since common expenses are also distributed among all the co-owners according to the relative value of each portion.
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