Change made to the declaration of co-ownership following a vote at a meeting of the co-owners or the signing of a written resolution by all the persons entitled to vote. The purpose of the deed of amendment is generally to correct, supplement or delete certain provisions of the declaration of co-ownership. The deed must be the subject of a writing filed in the register of co-ownership and be kept at the disposal of any co-owner who requests it. When the amendment concerns the constituting act of the co-ownership or the description of fractions, it must also be notarized and registered in the Land Registry Office under the registration number of the common portions only, unless they directly affect a private portion.
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…...
23/07/2024
With respect to the Annual General Meeting, the article 1087 of the Civil Code of Québec provides that certain documents must be attached to the notice of meeting.These documents are to be sent to co-owners so that they can ascertain the exact nature of the questions and issues to be…...
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…...
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…...
17/04/2024
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…...
02/04/2024
Optimal management of a co-ownership (condominium) is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...
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…...
13/08/2023
Questions: I need to confirm if there's a specific deadline for submitting a candidacy as a director, particularly if a co-owner can nominate themselves during the annual assembly. Additionally, is it possible for board members to implement a rule prohibiting nominations on the evening of the co-owners' meeting? Understanding these…...
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…...
04/06/2022
4 juin 2022 — Le projet de loi 96 (Loi sur la langue officielle et commune du Québec, le français) a été adopté le 24 mai dernier par l’Assemblée nationale du Québec (Vote : Pour 79, Contre 29, Abstention 0) et sanctionné le 1er juin 2022. Ce projet de loi…...
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…...
24/07/2020
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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…...