An Act of general application having been the legal basis of Québec Law from 1866 till 1993. Governing all civil law matters, it was amended in 1969 by the Act respecting the co-ownership of immoveables in order to introduce the legal regime of divided co-ownership. The Civil code of Lower Canada has been replaced, on January 1, 1994, by the Civil code of Québec.
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In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994.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.
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Co-ownership law has underwent significant changes in recent years. The adoption of Bill 141 of 2018, Bill 16 of 2019, Bill 41 of 2020, Bill 103 of 2021 and Bill 96 of 2022 have significantly amended the Civil Code of Quebec with respect to divided co-ownership. These have allowed several changes in the insurance of co-ownerships and created many additional obligations for syndicates of co-owners, including those to keep a maintenance log of the building and to obtain 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.
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