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Condorama Part II

As mentioned in Issue 139, the explosion of co-ownership projects has led to competition for buyers. Upscale co-ownership properties offer amenities ranging from outdoor heated saltwater pools, gyms, lounges and reception halls to landscaped gardens and describe their features in elegant advertisements. Buildings need by-laws and safety rules for residents, some of whom are lessees (tenants in the rest of Canada). Under Québec law, an annual meeting of co-owners must be held to elect the Board of Directors of the Syndicate (owners’ association in the rest of Canada) and approve the budget.

Québec co-ownerships are governed by the Civil Code of Québec (CCQ). Although individual units may be referred to unofficially as condominium units or condos, in Québec, they are officially called co-ownerships and are bought by signing a hypothec.

Under article 1010 CCQ, co-ownerships, which are divided into units, are referred to as divided co-ownerships (as compared to undivided co-ownerships). The objective is to divide the building into private portions for the exclusive use of specific co-owners and into common portions for the common use of all the co-owners. The right of ownership is therefore apportioned in fractions, each comprising a “private portion” and a share of the “common portions.” Moreover, some portions may be reserved for the use of certain, or only one, of the co-owners. They are called common portions for restricted use. Rules regarding common portions also apply to the common portions for restricted use.

*The opinions expressed in this article are solely those of the author.