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In order to avoid potential conflicts between co-owners, caused by an outdated declaration of co-ownership, it is essential to have it rewritten, if it has been published before January 1, 1994.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 chosen articles of the Civil Code of Québec, relevant to understand the legal regime of divided co-ownership in Quebec. They are supplemented by the comments of the Minister of Justice.
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.