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The first part of the declaration of co-ownership, the object of which is to subject the immovable to the divided co-ownership regime. The constituting act of the co-ownership defines the destination of the immovable, of the private and of the common portions. It also specifies the relative value of each fraction, the share of the expenses and the number of votes attached to each fraction. In addition, it specifies the powers and duties of the board of directors and of the meeting of the co-owners.
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…...
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…...
29/10/2024
Many websites today promote residential housing exchanges between owners, offering an attractive solution to maximize the use of one's property. Whether you are considering a reciprocal exchange with another owner or an exchange based on "hospitality points"—referred to as "GuestPoints" on some online platforms—it is essential to consider several legal…...
23/07/2024
The law does not establish an exhaustive list of the duties and obligations that the members of the board of directors must assume. It is the declaration of co-ownership (constituting act of the co-ownership) and certain articles of the Civil Code of Québec which, for the most part, determine them.…...
23/07/2024
The Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership.The major decisions that can potentially concern each member of the co-ownership are in principle taken in assembly. Whether for the work of alteration or improvement of the common portions, the election of the members of the board…...
20/07/2024
.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization…...
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…...
04/05/2024
The presence of a swimming pool in a divided co-ownership is a significant attraction for the building's occupants, transforming common portions into a haven of relaxation and comfort. This facility allows residents to enjoy swimming pleasures without leaving the comfort of their home. Effective management and proper use of this…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur explique en détail le concept de la déclaration de copropriété. Il s’agit d’une convention qui organise et réglemente la vie collective des copropriétaires et occupants de l’immeuble. Cette convention définit notamment leurs droits et obligations. Comme il s’agit d’un acte authentique, elle doit…...
30/12/2023
The declaration of co-ownership is an agreement that organizes and regulates the collective life of the of the co-owners and occupants of the building; this agreement defines their rights and obligations. As it is an authentic act, it must be received by a notary; the declaration of co-ownership is often signed by…...
08/06/2015
The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...
24/07/2020
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12/06/2020
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