Change made to the declaration of co-ownership following a vote at a meeting of the co-owners or the signing of a written resolution by all the persons entitled to vote. The purpose of the deed of amendment is generally to correct, supplement or delete certain provisions of the declaration of co-ownership. The deed must be the subject of a writing filed in the register of co-ownership and be kept at the disposal of any co-owner who requests it. When the amendment concerns the constituting act of the co-ownership or the description of fractions, it must also be notarized and registered in the Land Registry Office under the registration number of the common portions only, unless they directly affect a private portion.
21/07/2025
A co-owner—former president of the board of directors—wishes to modify the minutes of a meeting held two years ago. Yet, this document was adopted without opposition at the following meeting by all co-owners then present or represented. Since then, three of the six co-owners are new and were not present…...
17/06/2025
The declaration of co-ownership is a legal document that governs the organization and operation of a building in divided co-ownership. It consists of three parts: the Constitutive Act of Co-ownership, the Building Regulations, and the Description of Fractions. Although this document has a quasi-contractual value, it is not fixed in…...
04/05/2025
Our declaration of co-ownership clearly prohibits the rental of a bedroom, whether for short- or long-term periods. This rule aims to preserve the residential nature of the building and to prevent the comings and goings of temporary tenants, which are often a source of conflict or nuisance. However, we were…...
25/12/2024
In our co-ownership, consisting of 6 apartments, a significant issue has arisen: it is nearly impossible to appoint, among the co-owners, the three administrators required by our declaration of co-ownership. This lack of involvement heavily impacts the day-to-day management of the building and creates tensions among the co-owners. Question: What…...
13/12/2024
A co-owner wishes to acquire exclusive use rights for a rooftop terrace currently designated as a common portion according to the provisions of the declaration of co-ownership. This co-owner seeks to have the terrace reclassified as a restricted common area to enjoy exclusive use. The terrace, which forms part of the…...
19/07/2024
I've discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the parking spaces is omitted in the description of the fractions. However, it is correctly mentioned elsewhere in the declaration of co-ownership, particularly in the table of relative values found in the constituting act…...
30/06/2024
Any co-owner may have the relative value of their fraction, as well as the allocation of common expenses (condo fees), revised according to certain conditions and formalities. To do so, it is necessary to proceed with an appeal to revise the relative value of the fractions. Furthermore, a co-owner may…...
17/04/2024
The declaration of co-ownership is an essential document that governs the operation of a building under divided co-ownership. It consists of three parts: the Constituting act of co-ownership, the Description of the fractions and the By-laws of the immovable. This declaration can be amended for various reasons, whether practical, legal,…...
13/08/2023
Questions: I need to confirm if there's a specific deadline for submitting a candidacy as a director, particularly if a co-owner can nominate themselves during the annual assembly. Additionally, is it possible for board members to implement a rule prohibiting nominations on the evening of the co-owners' meeting? Understanding these…...
07/09/2022
Le mercredi 7 septembre 2022, la Webradio de Condolegal.com a porté sur le lancement de l'ouvrage le « Guide de la réglementation copropriété divise » des juristes émérites, Me Christine Gagnon et Me Yves Papineau. Afin d’assurer un milieu de vie paisible à tous, il est primordial d’élaborer une réglementation appropriée. Il en va sans dire que…...
04/06/2022
June 4, 2022 — Bill 96 (An Act respecting French, the official and common language of Québec) was adopted by the National Assembly of Québec on May 24, 2022 (Vote: 79 in favor, 29 against, 0 abstentions) and assented to on June 1, 2022. This bill amends around twenty laws…...
09/05/2021
Each syndicate of co-owners has a declaration of co-ownership, which, in principle, should be a veritable bedside book for both the co-owners and the members of the board of directors. However, the declaration of co-ownership is a document that may seem inaccessible at first glance for the latter. This problem…...
24/07/2020
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16/09/2010
The declaration of co-ownership is intertwined with the purchase of an apartment held in divided co-ownership. A genuine "user's guide", this document defines the rules to be observed in the immovable, as well as its administrative and management guidelines. Before acquiring a condo, any careful buyer should, imperatively, read the declaration…...