The interpretation of a declaration of co-ownership during a general meeting of the co-owners is sometimes problematic. If, moreover, it has been published before the coming into force of the Civil Code of Québec, in 1994, things can get dicey.
In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994. A professional with experience in co-ownership law is qualified to do so. It is better to invest in rewriting your declaration of co-ownership, rather than getting tangled in costly litigation, the result of which is sometime uncertain.
Co-ownership law underwent significant changes in 2018, 2019 and 2020. The adoption of Bills 141 and 16 significantly amended the Civil Code of Quebec with respect to divided co-ownership. The first allowed several amendments on insurance and co-ownership, while the second subjected the syndicates of co-owners to certain additional obligations, including those of keeping a maintenance book of the building and obtaining a study of the contingency fund establishing the sums necessary for this fund to be sufficient to pay for major repairs and the replacement of the common portions.
This section includes certain articles taken from the Civil Code of Quebec. These are relevant to better understand the legal regime of divided co-ownership in Quebec. They are accompanied by the comments of the Minister of Justice (1993) as well as those made by Condolegal.com with regard to the various amendments made to the Act. In order to distinguish these changes from the original texts, a color code was used. The amendments introduced by the various bills are respectively highlighted in yellow for Bill 141 of 2018, in blue for Bill 16 of 2019, in green for Bill 41 of 2020, in orange for Bill 103 of 2021 and in plum for Bill 96 of 2022.
These excerpts are not exhaustive. It is appropriate, in certain cases, to know other legislative provisions dealing with divided co-ownership for an adequate understanding. In this regard, the Internet user is invited to read the book entitled Code de la copropriété divise, a publication devised and prepared by Me Yves Joli-Coeur and Me Yves Papineau, two senior lawyers, to promote the knowledge of case law and doctrine.
Warning: the text of the articles of the Civil Code of Québec and the comments of the Minister of Justice are presented for information purposes only. In case of discrepancy, the official version shall prevail.