o_ll_o

看好一个Condo, 可是是undivided ownership，朋友说这种房不好，却又说不出个所以然来。有明白人吗？这种房到底有什么不好？最大隐患是什么？

谢谢！

夏季

没觉得有什么不好。相反，两税要比独立产权低好多。我有一套这样的CONDO在出租，没有任何问题。当然，每个owner的情况不一样，主意还得你自己拿，本人之言仅供参考。

我要回大连

好像以后要卖的时候有点麻烦。。。。。。。

男人都好色

蒙城的大部分中国人都来这个网站，也有很多房产经纪来这发贴，可是竟没人准确地回答楼主的问题。。。怀疑房产经纪的水平，看来买卖房还是不要找中国人经纪的好。。。。:frown:

goodman f

1.What is undivided co-ownership (or indivision)?
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; t6 B, Q: m2 M- S0 _& Q$ nOnly on Cadastrial Number for this immovable. Each co-owner shares the entire immovable with his partners

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2.How does the undivided co-ownership (indivision) create?

by
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• contract
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• will (succession)
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• judgment
  
• operation of law
  

3. What is the rule for undivided co-ownership?

No one is bound to remain in undivision (no one can be forced to remain in indivision)
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4. Can an undivided co-owner alienate(sell, exchange, gift) or take mortgage for his share?

" W( @" H$ K- O& N6 \" kYes
  
5.If one of the co-owner defaults of his mortgage, the mortgage creditor can seize all the immovable or just the share of that co-ownership?

just the share of that co-ownership

4 w2 T! q$ c) T$ `& e6. What is the maximum term of the declaration of a undivided co-ownership?

30 years

7. Is the declaration of undivided co-ownership necessary to notarized?
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' H4 u; {! \5 sNo,  The declaration of undivided co-ownership must have the consent of all undivided co-owners. The agreement must be written and may be either notarized or private.

8. What are the possibilities when the term of declaration expired for undivided co-ownership?
  
(1). New declaration
" G5 u" ]/ Q4 q" M2 O9 X(2). You buy me
(3) I buy you
(4) sale of whole building together
(5) Juridical sale (no agreement between owners----stupid sale

9. If a stranger bought a share of an undivided property, how long time the co-owner can exercise his right of redemption and became the owner of the transfer share?
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Must act within 60 days of learning of the transfer

10. If disputes in a clause of the declaration aroused among the undivided co-owners, what do they need? The arbitration or court?
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In case of dispute concerning a clause in the declaration of undivided co-ownership among the co-owners, it is subject to arbitration rather than to the court.




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sellzz

UNDIVIDED CO-OWNERSHIP

4 b9 G8 n9 R: D% r2 rA property of this type belongs to several individuals, called undivided co-owners. No one owner owns an exclusive portion of the property; rather, they each own a fraction. For example, you buy a triplex with two of your friends and you all contribute equally to the sale price. After the sale, you decide to move into the second-floor apartment. The apartment does not belong to you exclusively; your two friends share its ownership with you, just as you share the ownership of their dwellings on the first and third floors. You and your friends are undivided co-owners of the whole triplex . In the example, your shares in the immovable are one third each.
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FORMALITIES
How do you create undivided co-ownership ? Undivided co-ownership of a property begins informally when several persons, the undivided co-owners, acquire ownership of the same property. However, where an immovable is involved, it is in the interests of the undivided co-owners to draw up and register a formal agreement among themselves. The indivision agreement must be published to be enforceable against third persons.

FINANCING
The Civil Code of Québec provides that each undivided co-owner may hypothecate his or her share of the property alone. The other co-owners are thus in no way liable should the hypothecary debtor default.

SELLING
Each co-owner is free to sell or transfer his or her undivided share in the property, unless otherwise stipulated in the indivision agreement. However, the law provides, with some exceptions, that the other undivided co-owners may, within certain time limits, exclude the new purchaser by refunding the sale or transfer price and expenses. The undivided co-owners must exercise this right of redemption within one year from the sale or transfer of the share.
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! _4 \( h. i$ t8 E+ R8 Y6 P8 QTHE TERM
The indivision agreement may stipulate a maximum term of thirty years. However, the agreement may be renewed.

+ z$ o( r7 V( DContents of the agreement
What provisions may be usefully included in an indivision agreement?
The agreement may cover the following:

*the term of the agreement
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• rights and obligations of the co-owners with respect to the enjoyment of the premises
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• the sharing of maintenance and renovation
  
• the sharing of expenses
  
• the ownership of improvements
  
• restrictions on selling
  
• rules for administering the property
  
• rules governing division on termination of the indivision agreement
  

CONVERSION OF RENTAL PROPERTY
The owner of rental property comprising one or more dwellings who wishes to convert it to a condominium (divided co-ownership) must follow certain strict rules. Under current legislation, conversion to divided co-ownership is prohibited within the Montreal Urban Community unless the municipality in which the property is located has passed a by-law permitting it.
In all cases, the first step for the owner is to contact the municipality in which the property is located to determine whether such a conversion can take place. Certain specific rules apply where all the dwellings in the building to be converted are occupied by the undivided co-owners. Finally, the law sets out the rights and obligations of the owner who has undertaken the conversion and the lessees living in the building.

seawolf

不好意思，英文不好，所以才来蒙城华人网......耐着性子把大段的英文看完,也没明白:

; m( D4 f! K4 A% X! o( Hundivided ownership 到底有什么不好? 为什么其售价比divided ownership低好多? :confused:

sellzz

为什么其售价比divided ownership低好多?
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- R& [" r1 l/ j$ n0 aThey are usually less desirable and few buyers want them.

0 n, {0 ?  Y6 c6 y1. the "bundle of rights" you are aquiring is far less.
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. ?8 }- |: n8 ]% p' h+ Q1 g2. depending on your area, you may have a great deal of difficulty selling in the future, especially in a Buyer's Market.
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3.Further, some financial institutions will not finance loans on co-ops, fractional interest holdings.

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aaaaaaaaa

来看了几次，还是没看明白，可能关键性的东西在那一大段的空白的地方吧。。。。。。
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也听说蒙城的华人地产经济没几个真正明白的。 其实华人经纪不一定都能看到这个贴，看到了不一定都明白，明白的不一定都想说，想说的不一定都能说明白。。。。。。:frown:

sellzz

其实都能明白:
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, m5 {8 T# I( U% }+ M好;)  :
3 b5 f5 }" A+ o" g6 ]售价比divided ownership低好多;
税低;
出租, live yourself 没有问题;

不好:rolleyes::eek:  :
以后要卖的时候有点麻烦. because: less desirable / few buyers /less rights
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if 还是没看明白:confused: , 买一套这样的CONDO,自己真正准确地明白的