Definition : Act of alienation of immovables by the syndicate of co-owners

Legal act by which a syndicate of co-owners disposes of the right of ownership of an immovable. For example, the syndicate sells :

A strip of land located on the common portion of the immovable;
The janitor's apartment (private portion) of which it is the owner.

The creation of servitudes against the common portions is also considered an act of alienation of immovable property (e.g. a servitude of right of way granted to a neighbour). In matters relating to acts of alienation, the general meeting of co-owners must approve them by the enhanced majority of article 1097 of the Civil Code of Québec.However, when it comes to an alienation of common portions whose conservation is necessary to maintain the destination of the immovable, it is then required to obtain a favorable vote of a majority of the co-owners present, represented or absent according to the double majority of article 1098 of the Civil Code of Quebec.

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. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of the declaration of co-ownership (constituting act of co-ownership). It is it that also makes it possible to establish the type of co-ownership established and defines the use(s) that can be made of the private and common portions. It can thus be exclusively commercial or residential or residential but with the possibility of practicing a professional activity. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.

The content of the agenda

The first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its fine drafting, the agenda must be sufficiently precise. He must thus mention all the questions and points that will be submitted at the meeting. Sent to all the co-owners, this program makes it possible to organize the course of the session. Attached to the notice calling the meeting, the agenda is accompanied by the documents necessary for the reflection of the voters.

Majorities required in Meeting of co-owners

The rules for voting in meeting of co-owners vary depending on the importance of the decision to be made. They require a complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law essentially imposes four levels of majority: absolute, enhanced, double.

Definition : Act of alienation of immovables by the syndicate of co-owners

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