Definition : Operations in the common interest

All the steps taken by a syndicate of co-owners in order to perform an act on behalf of the co-owners.  It is one of the tasks of the syndicate of co-owners. These steps include the fact that the syndicate ensures compliance with the declaration of co-ownership, makes the by-laws of the building enforceable against tenants and occupants of the building and subscribes to insurance coverage.

WARNING ! The reconciliation between collective and private interests is at the heart of the challenges of co-ownership.

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The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by law and exercised by its two decision-making bodies, it thus expresses the autonomy of the community of co-owners. As a result, the co-owners are third parties to the syndicate. The assets of the syndicate are thus distinct from those of each co-owner. Despite the collective nature of this type of co-ownership, the legislator has not attributed to the syndicate the ownership of the common portions, which is distributed among the co-owners according to the relative value of their fraction.
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