Article 1108 allows a co-ownership to be terminated by a decision of three quarters of the co-owners representing 90% of the votes of all the co-owners. The decision must be recorded in a writing signed by the syndicate and the immovable's hypothecary creditors, then registered in the land register.
This is the same arithmetic as article 1098: a number of co-owners (three quarters) combined with a proportion of all the votes (90%), not just those present. The two articles differ in their object, not in their threshold - 1098 covers changes of destination among other things, while 1108 ends the co-ownership itself.
The vote alone is not enough: the decision takes effect only once it is recorded in a writing signed by the syndicate and by the persons holding hypothecs on all or part of the immovable, and registered in the land register under the registration numbers of the common and private portions.
Terminating a co-ownership engages the title to every fraction and the rights of hypothecary creditors. It is notarial work: consult a notary before starting.
CondoAide certifies the count of votes and of co-owners, helping establish whether the article 1108 threshold is reached. The writing, the creditors' signatures and the land-register entry happen outside CondoAide.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.