From the first day of existence of the co-ownership, that is to say when its declaration of co-ownership is published in the Land Register of Quebec, the co-owners as one body constitute a “syndicate of co-owners”. This legal person must ensure the "preservation of the immovable and manage the common portions." To form this co-ownership several steps involving many protagonists are necessary.
The vendor has the obligation to reveal the exact superficial area of its private portion. The superficial area/price ratio is an important criteria for many buyers. It has a major influence on their decision to purchase
Off plan sale
The calculation of the superficial area of an apartment may lead to a conflict if, in an off plan sale, the gross area shown on the architectural plan is the information used for the transaction. Thus, you should insist that the developer supplies a detailed plan of the apartment to be built, along with the method used to determine the superficial areas.
Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the cadastral plan or the certificate of location are frequent. This difference can be explained by many factors listed in the factsheet entitled The Area of the Private Portion.
The law provides that a syndicate must keep a register at the disposal of the co-owners. The majority of declarations of co-ownership detail the items it contains. This register is the memory of the syndicate, and consequently, its archives. In is thus invaluable. Much more than a witness to the sound management of an immovable, it is its prime instrument. Therefore, preservation and access are the hallmarks of this register.