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 the developer who acts as sole proprietor or sometimes by undivided co-owners who wish to subject their immovable (held in co-ownership) to the regime of divided co-ownership as well as by hypothecary creditors. This document must subsequently be published in the land register; its publication creates the co-ownership as well as the syndicate and all new co-owners are required to comply with it. Furthermore, the divided co-ownership of a building is established by the publication of the declaration of co-ownership. In this regard, since the Civil Code of Québec devotes an entire section to its regulation (articles 1038 to 1109 C.C.Q.) particularly concerning its structure, effects, the obligations it imposes and the procedures for its amendment, the declaration of co-ownership is considered a nominated contract, as it is governed by a specific legal framework. In short, the declaration of co-ownership is strictly regulated and recognized as a normative legal instrument within divided co-ownership.
A look at the different aspects of the declaration of co-ownership.
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