Definition : Authentic act

The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership.  Its publication in  the Québec Land Register is a necessity for the existence of a syndicate of co-owners. It 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.

The transfer of ownership will take place at the signing of the deed of sale, as well as the taking of possession which usually takes place on the same day. In return for the payment of the sum agreed to the seller, the buyer will have the full enjoyment of the property sold. In addition, during the transfer of ownership, the seller transfers all the risks associated with the building. In this regard, the deed of sale usually includes a risk transfer clause which stipulates that once you have signed the deed of sale, you become responsible for the risks and losses related to your newly acquired property. It is therefore important to take out the necessary insurance (such as home insurance) from day one.

The declaration of co-ownership is a document that encompasses all the rules specific to a syndicate of co-owners, in order to ensure the proper functioning of an immovable and cohesion between its occupants. It also specifies the conditions of use and enjoyment of the common and private portions. Co-ownership living is not static. It is evolutionary and subject to change, which will sooner or later be claimed by co-owners. This evolution will sometimes lead to amendments to the declaration of co-ownership, subject to compliance with the terms and conditions set out in the Act. Thus, any amendment to the declaration of co-ownership is generally the subject of a vote at a meeting of co-owners. The vote to make such an amendment differs according to the nature of the change to be made.