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A notarial act en minute, published in the Land Register, the main purpose of which is to subject the immovable to the regime of divided co-ownership. The declaration of co-ownership determines :
It is divided in three sections: the constituting act of the co-ownership, the By-Laws of the immovable, and the Description of the fractions.
28/12/2025
Condolegal presents a new video capsule devoted to a fundamental concept of co-ownership law: the destination of the immovable. Too often misunderstood or underestimated, this concept nonetheless plays a central role in balancing the rights and obligations of co-owners. In this capsule, Me Yves Joli-Cœur, an emeritus lawyer and an…...
19/07/2025
I am about to make a significant investment by purchasing an off plan apartment, but this decision must strictly meet specific requirements that directly impact my quality of life. Being highly intolerant to secondhand smoke, I cannot, under any circumstances, consider living in a co-ownership where smoke from neighboring units…...
21/05/2025
In the case of Al-Adas c. Syndicat des copropriétaires Zuni (2025 QCCQ 1308), the Court of Québec addressed a dispute regarding the allocation of costs for major work carried out on a restricted-use common area. This judgment clarifies a question frequently raised in divided co-ownership: who is responsible for paying when…...
17/01/2025
My tenant has sublet their apartment for the second time this year, for a period of one month. The board of directors is asking me to pay a fine, claiming that it constitutes a short-term rental, which is prohibited in our co-ownership. However, under the Civil Code of Quebec, a…...
03/01/2025
The owner of the apartment below mine uses a barbecue almost daily on their balcony, despite the rules established in our declaration of co-ownership. Each time they use it, the smoke and the smell of grilled meat invade my space, to the point that I can no longer enjoy my…...
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…...
08/12/2024
I have just purchased an apartment in a co-ownership property and, as a new co-owner, I am discovering a world with its own rules and specific obligations. While reviewing the declaration of co-ownership, I had several questions about the administrative steps to take after the purchase. Among these, I wonder…...
01/10/2024
Recently, I was confronted with a situation that raises important questions regarding insurance in divided co-ownership. After a loss caused by torrential rains, a co-owner refused to allow the contractor designated by the insurer to intervene in their private portion, preferring to hire their own contractor. This case led me…...
24/07/2024
In co-ownership law, unanimity is a rule that requires the agreement of all co-owners, not just those present or represented at the meeting of co-owners. To adopt a unanimous decision, it requires the favourable opinion of all the co-owners, no votes against, and no abstentions. Unanimity is the highest level…...
22/07/2024
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
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…...
01/07/2024
Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding. Know that in such cases, a trial is not the only avenue available to you. Before commencing legal proceedings, and even once they are…...
01/07/2024
When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening its provisions.They sometimes unduly use…...
30/06/2024
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...
30/06/2024
Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...
28/06/2024
Before starting renovation work in your apartment, keep in mind that you live in a condo. Performing such work requires that you carry out prior verifications. It is necessary to refer to the declaration of co-ownership to know the co-owner’s rights and obligations toward the syndicate. It goes without saying…...
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,…...
22/03/2024
En tant que membre du conseil d'administration de notre syndicat de copropriété, je suis fréquemment confronté à une variété de documents et communications qui emploient divers acronymes et abréviations propres au secteur de la copropriété. Dans le but d'améliorer ma compréhension ainsi que celle des autres membres du conseil, et…...
20/03/2024
Management of water heaters management in a co-ownership (condominium) requires meticulous organization including maintaining an installation registry and collaborating with the co-owners and so, in accordance with the provisions of the declaration of co-ownership; this document usually mentions that any intervention on a water heater such as its replacement must be approved by the board of directors to…...
04/03/2024
Relocations and move-ins involve going through the common portions of the building to transport furniture, boxes and other personal belongings. These operations could turn into a real mess or nightmare if, in a co-ownership (condominium), the framework for managing them has not been clearly established. While certain provisions of the…...
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…...
16/12/2023
At the signing of the deed of sale before the notary, an authentic copy of the declaration of co-ownership must be remitted to you.In order to maintain the stability of this contractual framework, every purchaser undertakes, by signing his deed of purchase, to abide to the declaration of co-ownership and…...
11/11/2023
I am in the process of purchasing a condo and asked the seller to provide me with a copy of the declaration of co-ownership. He gave me a simple photocopy, but some pages are missing and others are barely legible. Since this document is essential to understand the building's rules,…...
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…...
07/06/2022
June 7, 2022 - The main duty of the board of directors in a condominium is to manage the Syndicate’s business. This means first to ensure the maintenance and conservation of the building, secondly to see to it that everyone respects every disposition of the declaration of co-ownership....
06/11/2021
Je suis membre d’un syndicat de copropriétaires dans l’Outaouais comptant 80 copropriétaires dont 65% sont anglophones. Les rencontres de l’assemblée des copropriétaires et celles du conseil d’administration sont toujours en anglais. Lorsqu’une question est posée en français on y fait généralement abstraction et on la passe sous silence. Question : Au Québec…...
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…...
19/07/2020
2 mars 2023 - Afflicted with a health issue, you want to move to an apartment closer to your daughter, which is fitting, given that a unit in her condo building is for sale. However, this unit is rented. During a visit to the premises, the tenant informs you that he…...
14/01/2017
The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...
13/09/2013
13 septembre - Au Québec, les acheteurs de condos sont en droit d'exiger qu'une déclaration de copropriété soit rédigée en français, même si le promoteur a demandé à un notaire qu'elle ne soit écrite qu'en anglais. Une déclaration unilingue anglaise "contrevient à la Charte de la langue française"....
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…...