An amendment brought to the declaration of co-ownership following a vote taken at a meeting of the co-owners. The amendment is intended either to add something or to withdraw a portion from it or sometime to replace it. Any act of amendment must be deposited in the register of co-ownership and shall be made available to any co-owner upon request.
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.
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.
Before purchasing a condo, you must, without fail, review carefully the legal documents of the coveted building. This tedious exercise will allow you to find out problematic areas or potential deficiencies, which may cause you to review your decision to purchase.
Un copropriétaire désire que lui soit octroyé un droit de jouissance exclusif sur la terrasse située sur le toit, comme étant une partie commune à usage restreint. Quelles autorisations doit-il obtenir?
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The law provides that a syndicate must keep a register at the disposal of the co-owners. In most cases the declarations of co-ownership list the items it contains. This register is the memory of the syndicate, and consequently, its archives. In is thus invaluable. Much more than a mere witness of the sound management of an immovable, it is its prime instrument. Therefore, preservation and access are the hallmarks of this register.
The declaration of co-ownership is the deed containing all the organizational rules of a co-ownership. This document also provides conditions of use and enjoyment of the common and private portions.