Article 1101 CCQ - Majorities the declaration cannot change

Article 1101 deems unwritten any clause of the declaration of co-ownership that would change the number of votes required for a decision the chapter on divided co-ownership already provides for. Majority thresholds are therefore not negotiable.

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What it means for your syndicate

The majorities applicable to meeting decisions are set by the Code itself (a majority of the votes of the co-owners present or represented, three quarters of those votes, the double majority). A declaration can neither lower nor raise them: a clause requiring unanimity for a decision the chapter already covers is deemed unwritten.

In practice a syndicate cannot give itself a bespoke threshold for a decision covered by the chapter. A decision adopted on an invented threshold is exposed to an application to annul for an error in the calculation of votes (art. 1103 CCQ), within 90 days of the meeting.

This is why CondoAide offers only a closed set of majority rules, each tied to its article: offering a configurable threshold would mean offering a rule the law refuses to recognize.

Official text of the article

The official, up-to-date text of article 1101 is published by the Éditeur officiel du Québec. CondoAide only provides a plain-language summary here.

Last verified on July 13, 2026. CondoAide is not a legal authority and does not replace professional advice. If there is any discrepancy, the official Civil Code text prevails.

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