Drafting a condominium declaration

A condominium, also known as a divided co-ownership, is a form of property ownership in which the co-owner owns a housing unit and exercises the normal rights of an owner.

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The divided co-ownership, also known as a condominium, is a form of property ownership. In a divided co-ownership, the co-owner owns a housing unit in which they exercise the normal rights of an owner; this space is called the private portion. They can therefore decorate and carry out minor renovation work in their housing unit, just like the owner of a single-family home, without having to obtain permission from the other co-owners, unless it is already provided for in the declaration of co-ownership.

Each private portion is exclusively owned by the co-owner. It consists of a housing unit, sometimes a parking unit, and a percentage of the rights in the common portion.

The building in which the housing unit is located does not exclusively belong to the co-owner of that unit; in this case, it is referred to as the common portion. The building belongs, in varying proportions, to all the co-owners, from two to several tens.

Therefore, the common portion is the responsibility of all the co-owners who are organized within a co-ownership association. It is the co-ownership association that will authorize work affecting the structure of the building or that could affect the other private units. Divided co-ownership is therefore a form of property ownership that is not absolute, but must be exercised jointly with the other co-owners.

The declaration of co-ownership, which must be notarized, creates the co-ownership, establishes the co-ownership association, describes the common and private portions, and organizes the relationships between the co-owners. This document must be signed by all the initial owners of the building as well as all creditors. It binds the co-owners and takes effect from its registration in the land register. Therefore, it is important to remember that the publication of this declaration creates rights: publishing it brings the co-ownership into existence.

Firstly, we find in the declaration of co-ownership the constitutive act, which defines the purpose of the building, describes the private and common portions, and their relative value. This declaration is a major element for third parties. We then find the building rules, which govern the use, enjoyment, and maintenance of the private and common portions, as well as the operation and administration of the co-ownership. Finally, the declaration of co-ownership will contain a detailed description stating the cadastral designation of the building.

The co-ownership fees, commonly known as "condo fees," are used for the routine maintenance of the common portions (landscaping, cleaning of common areas, etc.). The co-ownership fees are collected by the co-ownership association, usually on a monthly basis.

The contingency fund, made up of contributions from co-owners, is used to cover the costs of major work on the building's structure and common portions.

An assembly of co-owners is normally held each year. The quorum for this assembly consists of co-owners who have a majority of the votes. This quorum is necessary to hold the assembly. Some decisions, such as changes to the regulations, are made by a simple majority (50% + 1), while other decisions, such as acquisition work, construction, or acts of alienation, must be made by a majority of co-owners representing three-quarters of the votes. A majority of three-quarters of co-owners representing 90% of the votes is required for acts that modify the purpose, alienate a common portion, or modify the declaration of co-ownership. It is prohibited to reduce, by regulation, the number of votes required to make a decision.

Therefore, it is important to consult Notaire-Direct because:

  • they are legal advisors;
  • they will complete the required documentation to ensure that the drafting of an undivided co-ownership agreement is adequate;
  • they are required to have liability insurance.

Are you looking for an interactive website that allows co-ownership associations to save all relevant documents related to co-ownership and create a complete virtual registry? Visit ScriptaLegal.com.

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514 374-4303
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