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What are condominium tenements?

Verified 14 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The tenths correspond to the share of co-ownership owned by each co-owner. They define the participation of each owner at the general meeting. They also make it possible to distribute the payment of the various expenses related to common areas for each co-owner. The tenths of each co-owner are described in the Division Description Report (DDE). The distribution of the tenths may be modified by a vote in the general assembly.

The tenths correspond to the share of co-ownership owned by each co-owner.

They define the participation of each owner at the general meeting of the joint owners.

They also allow distribute the payment of the different condominium charges related to common areas for each co-owner.

The tenths of each co-owner are described in the Division Description Report (DDA) in the condominium settlement or as an annex thereto.

Most of the time, condominiums are divided into thousandths of a share, which are actually tenths expressed as a thousand. It is the division unit of the whole building, in thousand equal parts.

Titles shall be calculated according to the following criteria:

  • The size of the condominium lot
  • Its consistency (for example, the lot contains a balcony, a terrace)
  • Its location (for example, the lot is located on the ground floor or upstairs)

The condominium settlement should therefore provide for an unequal distribution of tenths among all condominium lots.

In principle, any modification of the tenths must be decided by a vote in general assembly with the unanimous consent of the co-owners (vote of all the co-owners).

Example :

Correction of headings if there is an error in their calculation.

However, certain situations allow for changes in the distribution of tenths by a vote in general assembly by a majority other than the unanimity of the joint owners.

These are the following 3 situations:

  • Change in use of a private part (for example, the housing lot is amended for the purpose of practicing a profession)
  • Division of a condominium lot followed by sale of all or part of the fractions resulting from that transaction
  • Decision of syndicate of co-owners perform work that affects the distribution of expenses or perform an act of purchase or sale (e.g., sale of floor levels to joint owners)

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Change of use of a private part

The new tenths and the consequent amendment to the condominium by-law must be voted at the general meeting of the joint owners by a simple majority Article 24..

The simple majority (said) majority of section 24) corresponds to the majority of the votes cast by the co-owners present or represented as well as those who voted by correspondence. Abstentionists are therefore not taken into account.

If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on clause 24.

Division of a condominium lot followed by a sale

The new tenths and the consequent amendment to the condominium by-law must be voted at the general meeting of the joint owners by a simple majority Article 24..

The simple majority (said) majority of section 24) corresponds to the majority of the votes cast by the co-owners present or represented as well as those who voted by correspondence. Abstentionists are therefore not taken into account.

If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on clause 24.

Union decision to carry out work, purchase or sale

The new tenths and the consequent amendment to the condominium by-law must be voted on at same majority as the one who voted to carry out the work, the deed of purchase or sale.. This may be a simple majority Article 24by an absolute majority Article 25 or a double majority Article 26..