A legal principle creating obligations for a person in relation with a legal deed to which the latter is not a party. For example, any co-owner is bound by the declaration of co-ownership, even though he has not signed it, and by its amendments, even if he has voted against them.
The declaration of co-ownership is an agreement 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. As it is an authentic act, it must be received by a notary. The declaration of co-ownership is often signed by the developer who acts as sole proprietor, or sometimes, by co-owners who wish to subject their immovable (held in joint ownership) to the regime of divided co-ownership, as well as by hypothecary creditors. This document must subsequently be published in the land register. Its publication gave rise to co-ownership and the syndicate. Any new co-owner is obliged to adhere to it. A 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. 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.
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