Undivided co-ownership (by indivision) has existed since time immemorial, even before the existence of divided co-ownership. Indivision allows two or more people to own a building while sharing acquisition and operating costs. A co-ownership is said to be undivided when the right of ownership is not accompanied by a material division of the property. The building usually has a single lot number. The owners own a share of this lot. The municipal and school tax bills are thus intended for all the co-owners of the building, who must separate the costs. In addition, since 1994, the Civil Code of Quebec has contained several rules governing joint ownership.
The Act respecting duties on transfers on immovables obliges local municipalities to collect a duty on the transfer of any immovable situated on their territory. Taxable to the purchaser, this right is called "welcome tax" not to qualify a sign of hospitality but in memory, perhaps a little in derision, of the minister of municipal affairs at the time, Jean Bienvenue. It is a significant source of revenue for municipalities. As a general rule, the duties on transfer of immovables tax account will be sent to you a few weeks after your acquisition. You will then have thirty (30) days to pay it.
Before acquiring a property, it would therefore be wise to provide for the payment of this right, in your budget in the same way as notary and real estate brokerage fees. Must appear at any request for registration of a transfer in the land register, the amount payable is generally provided for in the deed of sale. It should be noted, however, that the treasurer of the municipality has the power to revise the amount payable if he considers that it has been incorrectly calculated. This situation frequently occurs, in the context of the purchase of a new property for which the assessment roll does not yet include any entry of value, an information necessary for the calculation of the right. Keeping the roll up to date will then allow the treasurer to calculate the transfer duty in accordance with the Act.
The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership. A professional, he is a member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries). In this capacity, the notary's mission is to receive, on behalf of his clients, the acts to which the parties must or want to have given the character of authenticity (such as a declaration of co-ownership). Even though it is preferable that he should get involved at the outset of a transaction, this legal adviser usually gets involved after the signing of the offer to purchase or of the preliminary contract.
À la dernière assemblée de condos, j'ai lu les états financiers et je n'ai vu nulle part que le syndicat payait des taxes foncières. Cela m'étonne beaucoup. Si le syndicat est propriétaire des parties communes, alors c'est logique qu'il soit soumis aux mêmes règles que chacun des copropriétaires à l'égard de sa partie privative. Je ne sais pas trop quoi penser : le syndicat doit-il payer des taxes foncières?
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