Civil Code of Quebec — Co-ownership

Key articles of the Civil Code of Quebec (CCQ) governing divided co-ownership and their practical implications.

General framework#

Divided co-ownership in Quebec is governed by articles 1038 to 1109 of the Civil Code of Quebec (CCQ). These provisions are of public order — they prevail over any contrary clause in your declaration of co-ownership.

Key articles#

Article 1038 — Definition#

"Co-ownership is said to be divided when the right of ownership is apportioned among the co-owners in private and common portions."

In practice: your apartment is yours, corridors/roof/foundations/green spaces belong to everyone.

Article 1039 — Syndicate of co-ownership#

"Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are to preserve the immovable, to maintain and administer the common portions, to protect the rights appurtenant to the immovable or the co-ownership."

The syndicate is a distinct legal person — it can contract, sue, hold a bank account.

Article 1041 — Relative value#

"The relative value of each fraction is determined in relation to the value of all the fractions together, on the basis of the nature, destination, dimensions and location of the private portion of each fraction, but without regard to its use."

Note: the fraction reflects relative value, not simply square footage. A ground-floor 2-bedroom on the street side may have a different fraction than an 8th-floor 2-bedroom with a view.

Article 1064 — Common expenses#

"Each co-owner contributes, in proportion to the relative value of his fraction, to the expenses arising from the co-ownership and the operation of the immovable and to the contingency fund."

Contribution is proportional to the fraction. A co-owner with 4% pays 4% of expenses, even if they live alone and use few services.

Article 1071 — Contingency fund (amended by Bill 16)#

"The syndicate shall set up, based on the estimated cost of major repairs and the cost of replacement of common portions, a contingency fund to provide cash liquidity. This fund is appropriated solely to such repairs and replacement."

Bill 16 clarifies that funding must be based on a contingency fund study by a qualified professional, renewed every 5 years.

Article 1072 — Annual budget#

"Annually, the board of directors, after consulting the general meeting of the co-owners, fixes their contribution to the common expenses after determining the sums required to meet the expenses arising from the co-ownership and the operation of the immovable, and the amounts to be paid into the contingency fund."

The board adopts the budget after consulting the AGM. The contribution to the contingency fund cannot be less than 5% of the contribution to common expenses (by convention).

Article 1086 — Meeting majorities#

"The decisions of the syndicate are made by a majority of the votes of the co-owners present or represented at the meeting."

Except (art. 1097, 1098, 1099) which require:

Absolute majority (> 50% of all votes, present or not): certain amendments
Double majority (3/4 of those present representing 90% of total votes): change of destination, dissolution

Article 1097 — Reinforced majority#

Requires majority of the co-owners representing 3/4 of the votes:

Acts of disposal of common portions (selling land)
Transformation, expansion, or improvement works
Construction of new buildings to create new fractions

Article 1108 — Liability#

"The syndicate is liable for damages caused to the co-owners or to third persons by a defect in design, construction, or maintenance of the immovable, without prejudice to its remedies."

Strict liability of the syndicate — hence the importance of mandatory civil liability insurance.

Application in Syndic+#

CCQ article	Syndic+ feature
1038, 1039	Creating a "syndicate" (better-auth organization)
1041	Declaration → Fractions module
1064	Assessment notices calculated pro-rata
1071	Finances → Contingency fund
1072	Finances → Annual budget with 5% minimum contribution
1086 to 1099	Meetings → `majorityRequired`: `simple`, `absolute`, `special`
1108	Insurance → mandatory policies