Definition : Declaration of co-ownership - Constituting act of the co-ownership

The first part of the declaration of co-ownership, the object of which is to subject the immovable to the divided co-ownership regime. The constituting act of the co-ownership defines the destination of the immovable, of the private and of the common portions. It also specifies the relative value of each fraction, the share of the expenses and the number of votes attached to each fraction. In addition, it specifies the powers and duties of the board of directors and of the general meeting of the co-owners.

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The Board of Directors manages the affairs of the syndicate of co-owners, so that it can operate in accordance with the law and the declaration of co-ownership. Its main role is to ensure the preservation of the immovable. As a general rule, it is the decision-making body that ensures the maintenance of its common portions. If necessary, it must undertake the necessary work to ensure its sustainability.
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  The declaration of co-ownership is a convention that organizes and regulates the collective life of the co-owners and occupants of the building. This Convention defines in particular their rights and obligations. It is usually developed unilaterally by the developer or owner of the building. Legally, the declaration of co-ownership is a real contract of adhesion, because any new co-owner is obliged to adhere to it. This is a key legal document. Its publication gives rise to the co-ownership and the syndicate. Look at the different aspects of the declaration of co-ownership.  
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The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his lot.
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The General Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership. It takes important decisions to ensure its proper operation, including the election of directors. Its exclusive powers The General Meeting of co-owners has powers separate from those of the Board of Directors. It is the Civil Code of Québec and the declaration of co-ownership (Constituting Act) that dictates the powers and responsibilities conferred to it.
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Toute révision d’une valeur relative a un impact direct sur la répartition des charges communes, puisque l’article 1064 du Code civil du Québec (C.c.Q.) impose un mode de répartition en fonction de la valeur relative de chaque lot.
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