The declaration of co-ownership and By-Law of the immovable

At the signing of the deed of sale before the notary, an authentic copy of the declaration of co-ownership must be remitted to you.In order to maintain the stability of this contractual framework, every purchaser undertakes, by signing his deed of purchase, to abide to the declaration of co-ownership and the by-laws of the immovable adopted and filed in the register of the co-ownership.

The purchaser is thus bound by the declaration of co-ownership, even though he has not signed it, as well as by its amendments (Article 1062 of the Civil Code of Québec). In this regard, a clause providing that the new co-owner will comply with the rules of the declaration of co-ownership is generally included in the deed of sale.

 WHAT YOU SHOULD KNOW ! In theory, each co-owner uses and enjoys his privative portion and the common portions as he sees fit. However, he must not infringe on the rights of the other co-owners nor upon the destination of the immovable. This right of enjoyment is also governed by the declaration of co-ownership, which imposes upon co-owners various constraints in order to ensure their collective well-being and the sustainability of the immovable.

 

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