Definition : Share (private portion)

Share of the right of ownership that a co-owner holds in a private portion with one or more other co-owners. The undivided co-owners of a fraction exercise their voting rights in the proportion of their undivided share. For example, Robert, undivided co-owner, owns 60% of the apartment and Louise, the other undivided co-owner, owns 40%, while the apartment has a relative value of 10%: Robert will have 6 votes at the meeting and Louise 4 votes.

 WHAT YOU SHOULD KNOW! The shares of the undivided co-owners are presumed equal, unless the deed of sale or an indivision agreement mentions a different distribution.

WARNING ! The co-owner of a fraction held in indivision who is absent from a meeting of co-owners is presumed to have mandated the other co-owners of that fraction to represent him, unless the absentee has, in writing, mandated a third person for that purpose or has indicated his refusal to be represented. The absentee’s voting rights are partitioned proportionately to the rights of the other co-owners in the indivision.

 

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If you are shopping for an apartment, ask yourself if it is located in a divided or undivided co-ownership. Although these two concepts are similar, as they ultimately aim to share the same building by several people called co-owners, the legal and financial implications are not the same. These two types of co-ownership thus have very different terms of ownership, ownership and liability between the co-owners of a building. A look at the main distinctions between divided co-ownership and undivided co-ownership.  
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In divided co-ownership, the right of ownership is divided, among the co-owners, by "fractions", each comprising a materially divided private portion (e.g. a residential unit, a parking or storage space, and sometimes even a plot of land) and a share  of the common portions. To each fraction is attached an undivided right of ownership in the common portions, and sometimes the right to use the common portions for restricted use. The fraction is the result of the division of a building to create a co-ownership. In other words, the addition of all the fractions constitutes, by the effect of the publication of a declaration of co-ownership, the co-ownership building.
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