Definition : Clause deemed unwritten.

Clause, in a declaration of co-ownership, that does not comply with a mandatory provision of the law. Such an unlawful clause is deemed never to have been included in the declaration of co-ownership. However, it shall not entail the nullity of the act containing it. Any stipulation of the declaration of co-ownership that changes the number of votes required to make a decision under Chapter III of the Civil Code of Quebec, dealing with divided co-ownership of an immovable, is deemed unwritten. In addition, article 1074.2 of the Civil Code of Quebec states that any stipulation that derogates from the provisions of the first paragraph is deemed unwritten, this paragraph dealing with the recourse of the syndicate against the co-owner at fault is therefore limited to damages caused by his fault.