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Government register identifying all immovables and listing the real estate transactions related to these buildings that are thus made public (e.g., deed of gift, deed of sale, deed of mortgage loan, indivision agreement, declaration of co-ownership, legal hypothec of the syndicate of co-owners, deed of servitude, etc.). The Civil Code of Quebec provides for the keeping of a single land register for the entire territory of Québec. It consists of as many land books as there are registration divisions. Each land register consists of different registers including, in particular, the index of immovables which includes as many immovable records as there are immovables registered on the cadastral plan relating to the registration division.
04/10/2024
The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by…...
09/08/2024
The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership.…...
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 divided co-ownership of a building is not necessarily intended to last for eternity. The end of the co-ownership, and therefore the dissolution and liquidation of the syndicate, is justifiable, for various reasons. The dissolution of a co-ownership leads to a liquidation process. This process is regulated by articles 1108 and 1109 of the Civil…...
22/06/2024
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…...
13/07/2024
We have just learned that one of our co-owners has passed away. Her children are in conflict over who should inherit the apartment. This situation has created confusion regarding the legal representation of the deceased co-owner. We have even received letters from their lawyers claiming the right to vote at…...
30/06/2024
The failure to pay general or special common expenses (condo fees) is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have…...
03/04/2024
The syndicate of co-owners is obliged to maintain a register of the co-ownership accessible to all the co-owners and so, in accordance with section 342 of the Civil Code of Québec. The board of directors is responsible for properly keeping the syndicate's books and register; the board may delegate this task to a third party member such as the…...
02/06/2015
It may sometimes happen that the newly constructed building cannot be immediately subject to a declaration of co-ownership because of the delays surrounding the filing of the cadastral plan with the land register. It is therefore impossible to create the co-ownership and to proceed with the signing of the notarial…...
15/10/2023
October 15, 2023- The Meeting of co-owners is a major event in the life of a co-ownership. A meeting at least once a year, it is decisive since it allows the making of major decisions that impact the lives and finances of the co-owners. The board of directors' mission is…...