Definition : Constituting act of the co-ownership

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.

Related articles

{alt}

24/07/2024

Enhanced majority

The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties.  In addition, this enhanced majority is intended to temper…...

Syndicate

23/07/2024

Duties and obligations of the board of directors

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.…...

Syndicate
{alt}

23/07/2024

Mission and powers of the board of directors

It is to the board of directors as a whole, as a decision-making body, that the Civil code of Quebec confers the power to administer the affairs of the syndicate. Individual directors do not have any powers unless they have been specially authorized to do so. All decisions concerning the syndicate, the co-ownership…...

Syndicate

23/07/2024

Powers of the meeting of the co-owners

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…...

Syndicate

20/07/2024

Contents of the declaration of co-ownership

.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…...

Syndicate
{alt}
lock
You need to have an account to read this article

22/06/2024

Correcting a clerical error in a declaration of co-ownership

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…...

Syndicate

30/06/2024

Revision of the relative value and the allocation of the common expenses (condo fees)

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…...

Your Rights
{alt}

17/04/2024

Amendment of the declaration of co-ownership

The declaration of co-ownership is a document that encompasses all the rules specific to a syndicate of co-owners, to ensure the proper functioning of a building and cohesion among its occupants. It also specifies the conditions of use and enjoyment of the common and private portions. Life in co-ownership is not…...

Syndicate
{alt}

04/05/2024

Swimming pool in a divided co-ownership

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…...

Management
{alt}

05/02/2024

Charging stations

Electric vehicles (EV) are increasingly seen as one of the transport methods to reduce the impact of car traffic on the climate. With the effort to be made to substantially reduce Quebec's greenhouse gas emissions and to contain the increase in temperatures by the end of the century, the sale of…...

Management

01/01/2024

Capsule vidéo avec Yves Joli-Coeur: La déclaration de copropriété

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…...

Syndicate

30/12/2023

Declaration of co-ownership

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…...

Syndicate

08/06/2015

Private portions and common portions

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…...

Purchase

24/07/2020

Webradio du 22 juillet 2020: Faire réécrire sa déclaration de copropriété

...

Syndicate

12/06/2020

Webradio du 10 juin 2020: Le non-respect de la déclaration de copropriété

...

Syndicate