A legal regime to the effect that in co-ownerships of 5 fractions or more, there is a progressive reduction of the number of votes at the disposal of a developer at the meeting of the co-owners. Thus, after 3 years, the latter may not hold more than 25% of all the votes whatever his real share, save and except for the votes attached to the fraction serving as his residence
The right to vote is a founding principle of democracy. Citizens of a democracy can express their will in a ballot. In principle, this right is equal amongst all voters. Practically speaking, it is equivalent to the «one person, one vote" rule, which means that every vote has the same weight. However, co-ownership derogates from this principle, namely in that the number of votes held by the co- owners is in direct correlation with their rights of ownership in the immovable. An overview of the various aspects of voting in General Meetings of co-owners.
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Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate. To ensure the star up of the syndicate, the developer usually designates in the declaration of co-ownership (by-laws of the immovable), one of its representatives to act as the interim director of the syndicate. His role is to accompany the co-owners, manage the co-ownership and see to the organization of the special transition meeting to elect the new directors to constitute the board of directors.
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The right to vote is recognized as an essential element of any modern society, and as such, co-owners cannot be deprived of it except as provided in the law. In addition, each co-owner has, in principle, at the meeting a number of votes proportional to the relative value of his fraction. However, in certain circumstances, it is provided that the co-owner may have his right to vote suspended or reduced, by the sole effect of the law. It is important to know who may be affected by these restrictions and what the consequences are.The voting rights of the co-owners of the immovable can, in certain circumstances, be suspended or reduced. It is important to know who may be affected by these restrictions and their consequences.
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