Definition : Syndicate of co-owners

A legal person constituted of all the co-owners (the collectivity of the co-owner) and governed by the Civil Code of Quebec. The syndicate of co-owners has for object the preservation of the immovable, the maintenance and administration of the common portions and the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest. This legal person must, in particular, see to it that the work necessary for the preservation and maintenance of the immovable is carried out.

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Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into lots composed of a private portion and a share  of the common portions, and which belong to one or more different persons. The community of co-owners acquires the status of legal person from the day a declaration of co-ownership is published at the Land registry office (Land Register). The legal person thus constituted takes the name of “syndicate of co-owners”. Its mission is to ensure the " preservation of the immovable, the maintenance and administration of the common portions, the protection of the rights appurtenant to the immovable or the co-ownership, as well as all business in the common interest ". To form this co-ownership several steps involving many protagonists are necessary.
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The syndicate of co-owners, as a legal person, has  juridical personality, which allows it to contract with third parties, hire employees, hold and dispose of property or exercise legal remedies to protect its assets and ensure the defense of the collective interests of the co-owners.He plays a crucial role in a co-ownership, as it is its legal representative. A legal person constituted of all the co-owners (the collectivity of the co-owner) and governed by the Civil Code of Quebec.  As such, it has rights, obligations but also responsibilities.  He has for object the preservation of the immovable, the maintenance and the administration of the common portions and the protection of the collective interests of the co-owners. An overview of its role and its various powers.
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The Civil Code of Québec grants the syndicate of co-owners extensive powers to administer the co-ownership. These powers are established on the basis of the collective interests of the immovable.They are based on four principles: the preservation of the immovable, the administration of the common portions, the protection of the collective rights and the amendments to the declaration of co-ownership.
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The tax status of a syndicate of co-ownership Although governed by specific rules set out in Article 1039 of the Civil Code of Québec, a co-ownership syndicate is considered by the tax authorities of Quebec and Canada respectively as: An enterprise under the Taxation Act; A corporation with the status of a non-profit organization under the Income Tax Act  
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Just like any other natural or legal person, a syndicate of co-ownership may be held civilly liable towards third parties, including co-owners.
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The duties and obligations of a syndicate are determined by law and the declaration of co-ownership. However, it is essential to fully understand those duties and obligations as their non-compliance towards a co-owner or another person could engage the civil responsibility of a syndicate. Those duties and obligations are mainly aimed to ensure the preservation of the immovable, the administration of the common portions and the protection of the rights affecting the immovable or co-ownership, as well as all operations in the common interest.
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The Civil Code of Quebec (C.c.Q.) provides that upon the publication of the declaration of co-ownership, the community of co-owners of an immovable constitutes a syndicate.This is necessary to reconcile the rights of each co-owner with the destination of the immovable. The syndicate acts as a legal person regrouping all the co-owners of the immovable.
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