The condominium owners' association has the responsibility to protect the rights of the condominium owners and must, among other things:

• Maintain various registers of the condominium;
• Ensure the preservation of the building;
• Establish a reserve fund;
• Determine the annual contribution of the condominium owners;
• Obtain insurance against usual risks;
• Ensure compliance with the declaration of condominium;

The condominium owners' association, in order to protect its rights, benefits from a legal mortgage provided for in the Civil Code of Quebec. This mortgage can be registered at the Land Register against the share of the owner who fails to pay his share of the condominium fees or his contribution to the reserve fund. This mortgage takes effect from the registration of a notice indicating the nature of the claim and the amount due, for the current year and the following two years.

To preserve its legal mortgage, the condominium owners' association must, within three years following the registration of its notice of legal mortgage, initiate legal action against the defaulting owner or register a notice of exercise of hypothecary right.

Therefore, it is important to consult Notaire-Direct for the drafting and registration of the legal mortgage because:

• they will conduct a title search to verify the identity of the building owner;
• they are specialists in contract drafting;
• they are required to have liability insurance;
• they will complete the necessary documentation to ensure compliance with all formalities surrounding the drafting and registration of the legal mortgage.