- Register of co-ownership : Register of co-ownership
Definition : Register of co-ownership
The complete set of documents necessary to fulfill the mission of the syndicate of co-owners (the declaration of co-ownership, the updated list of the co-owners and tenants of the building, the minutes of General Meetings of the Co-owners and the Board of Directors, plans and specifications as built of the immovable, contracts, etc.). It is the duty of the Board of Directors to safeguard it.
The decisions made by the directors must be noted and recorded in the minutes. These are is an essential co-ownership document, because it ensures the written preservation of the board of directors’ deliberations, and of the results of each vote, so that any co-owner and director can refer to them over time. It also allows to verify if the meeting of the Board of Directors was conducted within the rules. Given its importance, this document must respect a certain form.
Usually declarations of co-ownership list the patrimony of the syndicate of co-owners. Among the items owned by the syndicate is the register of co-ownership. It contains all the syndicate's archives, such as the declaration of co-ownership, the up-to-date list of co-owners and tenants of the immovable and the minutes, enabling it to carry out its mission adequately. The co-owners must have access to this register, which can be entrusted to a director or a manager.
27 mars 2012- Tout syndicat de copropriété doit constituer et maintenir des registres, en plus d’en permettre la consultation par les copropriétaires. Or, cet accès aux registres ne s’effectue pas toujours de façon harmonieuse. D’une part, il y a des copropriétaires suspicieux qui multiplient les demandes de consultation des registres, croyant y trouver une preuve de malversation de la part des administrateurs. D’autre part, ce sont parfois les administrateurs qui agissent en roitelets et refusent l’accès aux registres à un copropriétaire. Où se trouve le juste milieu ?
January 27th, 2016. Among the various obligations imposed upon each and every Syndicate of co-ownership, there is a particular one worthy of note. It is the obligation to keep the list of the Syndicate’s co-owners and the books and registers necessary for the proper functioning of the Syndicate. This is easily understandable, since the Syndicate, as a moral person distinct from its members, has its own “corporate life” which must be properly documented. The Code also tells us that these documents are the Syndicate’s property and that the co-owners have access to them (Article 342 of the Quebec Civil Code).
Calling a meeting of co-owners to order requires the prior preparation of an attendance sheet. It allows calculating quorum, establishing material evidence confirming the presence of co-owners or their representative (proxy), and controlling the legality of the vote.
Decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the general meeting, as well as the result of each vote so that any co-owner and director can refer to it in due course. It also allows to ascertain that the general meeting was conducted in accordance with the rules. Given its importance, this document must respect a certain formalism.
General meetings are crucial for co-owners, as they are the occasion to debate and reflect on the directions to give their co-ownership. If general meetings are prepared carefully and methodically, the co-owners will be motivated and willing to attend. Their participation is essential, because general meetings are the exercise of democracy within a co-ownership. They follow specific rules that must be followed rigorously, otherwise the decisions taken may be invalidated.
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.
I just bought an apartment in a co-ownership.
Question: Should the syndicate be provided with a copy of the deed of sale in order to file it in the registers of the co-ownership? Can it require the new co-owner to provide the said deed of sale? And if so, who must pay for it?
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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.
I want to buy a condo, but I am aware that for the most part the documents necessary for an informed purchase are in the register of the co-ownership.
Question: How can I access the register of the co-ownership? Is it for me or the seller to ask? If I have to take care of it, can I do it alone or do I need a third person to accompany me through this process?
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