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 :

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.


Related articles

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.
View more
 The resolutions of the General Meeting of the co-owners require 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 imposes three levels of majority: absolute, enhanced and double majority, depending on the importance of the decision to be taken.  
View more