A special class of retroactive legislation that is enacted for the purpose of correcting the interpretation of a statute by a court of law that Parliament considers to be erroneous. Articles 1060 and 1096 of the Civil Code of Quebec are declaratory, that is, they not only apply for the future, but correspond to the scope that the legislator has always intended to give to these articles. This does not nullify the judicial decisions rendered in the various cases that applied the concept of implied amendment, but they cannot now serve as a reference on this issue (Sections 31, 52 and 157 of Bill 16.).
December 31, 2022 - Co-ownership law is booming and is currently undergoing a major reform. But what about tacit changes to the declaration of co-ownership and the by-laws of the immovable? For example, if a co-owner has been using unused space in the garage for more than ten years to store his personal belongings, does he have the right to use it indefinitely? Will the person who eventually purchase their unit also be able to use this space to store their belongings?
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.