Article 1076 CCQ - Fraction held by the syndicate
Article 1076 allows the syndicate, where authorized, to acquire or alienate fractions, common portions or other real rights. A fraction it acquires keeps its character as a private portion, but the syndicate holds no votes for it at the general meeting and the total number of votes that may be cast is reduced accordingly.
What it means for your syndicate
A fraction held by the syndicate (for example after a sale under judicial authority, or a parking space converted to collective use) remains a private portion with its relative value: it is not absorbed into the common portions.
Its votes leave the denominator: quorum and majorities are computed over the reduced total, not over 100% of the votes. The removed votes are not redistributed to the other co-owners.
CondoAide identifies syndicate-held fractions, excludes them from the vote and quorum calculations, and discloses the exclusion on the attendance sheet with a reference to this article.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.