Definition : Ownership right - Usufructuary

    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.          

The declaration of co-ownership defines the modalities of living together. It is binding on the co-owners and, in principle, the occupants and tenants of the building. It is up to the Board of Directors as soon as it becomes aware of it, to enforce its content, and, if necessary, to give formal notice to the co-owner at fault to cease any violation of the declaration of co-ownership. Failure to do so may, the members of the Board may, in some cases, be held liable toward the co-owners. Anyone who does not comply with it is liable to legal proceeding based in particular on article 1080 of the Civil Code of Quebec. This action may be brought by both a co-owner and the syndicate.  

The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership.  Its publication in  the Québec Land Register is a necessity for the existence of a syndicate of co-owners. It 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. This co-owners reference document is consulted, for example, in the case of work. 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 private portion.

When the rented property is an apartment, all tenants must comply with the by-laws of the immovable. However, tourists  who rent a condo temporarily have often not received a copy. Therefore, without even knowing it, they may be in breach of the provisions included in this regulation. These tourists can use the parking spaces reserved for visitors, thus reducing the number of spaces available. Others park squarely in the spaces belonging to the co-owners. In addition, these temporary occupants may be less aware of safety considerations, as well as the tranquility of the co-owners. In short, they usually consider the unit they rented as a hotel room.

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.