Once a building is built, the developer has the declaration of co-ownership drawn up by a notary. And once the surveyor has finalized the cadastral plans for the building, the notary is able to publish it in the land register in accordance with the provisions of Section 1059 et seq. of the Civil Code of Québec.

 

What does the declaration of co-ownership include?

 

The declaration of co-ownership consists of three separate parts, as required by the provisions of Section 1052 of the Civil Code of Québec. These are the act constituting the co-ownership, the condo by-laws, and a description of the fractions.

 

The act constituting the co-ownership

The act constituting the co-ownership defines the following elements:
  • The intention or purpose of the building, both the private portions and the common portions;
  • The relative value of the fractions and the methodology used to determine this;
  • The number of votes at the general meeting of co-owners attached to each fraction;
  • The share of the common expenses;
  • The sharing of the powers and duties between the general meeting of co-owners and the board of directors (per the provisions of the law);
  • The provisions regarding insurance for the building and—more generally—any other provision related to the building.

 

The condo by-laws

In the condo by-laws, the condominium’s operating rules for living appear, in particular regarding the use of the common portions. Among other things, the mission of the manager, who is responsible for the management of the condominium, is to enforce these by-laws. Following the provisions of Section 1054 of the Civil Code of Québec, the condo by-laws also determine the procedure for the assessment and collection of contributions to the common expenses. Consequently, the manager is required to carry out the tasks related to the financial management of the condominium. Finally, it establishes the methods for appointing directors as well as the rules related to the general meetings and the meetings of the board of directors.

 

The description of the fractions

  • This part contains a description of the various expenses and any easements of the building. It is presented in the form of expense distribution tables and determines for each lot its share according to the type of expense:
  • General common expenses;
  • Elevator expenses;
  • For condominiums comprising multiple buildings: expenses specific to building A, building B, etc.;
  • Local parking expenses when these are private portions;
  • Etc.

Amending the declaration of co-ownership

The declaration of co-ownership may be amended, particularly in the event of the deletion or creation of fractions or modifications to the boundaries of contiguous private portions. Only the general meeting of co-owners has the power to decide to make changes affecting the declaration of co-ownership, and the majority rules differ according to the type of amendment. Amendments made to the act constituting the co-ownership and the description of the fractions must be published in the land register. On the other hand, those affecting the condo by-laws are attached to the documents making up the condominium records.
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