- Declaration of co-ownership : By-laws of the immovable
Definition : Declaration of co-ownership - By-laws of the immovable
The second part of the declaration of co-ownership intended to govern the day to day matters in co-ownership, more particularly those related to the enjoyment, the use and the maintenance of the private and common portions. The By-Laws of the immovable establish the rules related to the operation and management of the co-ownership and the procedures for the assessment and the collection of the contributions to common expenses
La déclaration de copropriété est le document maître d'un syndicat de copropriétaires. Elle définit les fondements mêmes d'une copropriété, et indique le code de vie à y adopter.
Les copropriétaires irrespectueux du règlement de l’immeuble (déclaration de copropriété) sont nombreux. Leurs infractions peuvent notamment se traduire par du tapage nocturne (trouble anormal de voisinage), un animal bruyant ou le non-respect des règles relatives au stationnement. Ces comportements peuvent causer un préjudice sérieux à certains copropriétaires ou au syndicat.
En pareille situation, il revient au conseil d’administration d’agir, en faisant respecter les règlements prévus dans la déclaration de copropriété. Dès qu’un manquement est constaté ou porté à sa connaissance, en cette matière, il doit intervenir pour que cesse un comportement délinquant. Les copropriétaires concernés ne doivent donc pas hésiter à se tourner vers leur syndicat, en l’occurrence les administrateurs, afin que soient mises en œuvre diverses mesures visant à sanctionner toute personne fautive.
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
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 declaration of co-ownership generally contains the terms and conditions concerning the conduct of the meeting of co-owners by defining rules of procedure and the role of the meeting officers. Key figures of the assembly of co-owners, they ensure the smooth running of it. Their appointment is therefore necessary for the holding of any meeting of co-owners. These are generally elected at the start of the meeting, in a separate vote taken by an absolute majority of the votes of the co-owners present or represented (50% of the votes plus one). This is an obligation that cannot be waived, because any decisions taken before their election has no legal value.
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 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. This co-owners reference document is consulted, for example, in the case of work. 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 private portion.
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary for the syndicate to impose sanctions to co-owners or tenants who disregard the by-laws of the immovable. It may even, on occasion, petition the court to assert the rights of all co-owners.