Definition : Servitude

Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. More of an incentive than a creator of rights, this article aims to encourage syndicates to come together to share, in particular, the cost of certain common services. The latter can thus pool resources for the maintenance and conservation of their immovable. By seeking strength in numbers, the united syndicates of co-owners can devise effective strategies to better cope with some common expenses and achieve economies of scale. The legislator did not consider it appropriate to further regulate this type of association, since it can enact its own rules, according to its particular needs and objectives. Syndicates of co-owners may thus, at any time, decide to form an association. Similarly, at any time a syndicate of co-owners may join existing association.

The declaration of co-ownership 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.

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.