Updating declaration of co-ownership (Offer of services)

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 legislative reform includes a host of new measures. Here are a few examples:

  • Article 1065 C.c.Q. provides that: " A person who acquires a fraction, by whatever means, including the exercise of a hypothecary right, shall notify the syndicate within 15 days." In addition, " A co-owner who leases his private portion shall, within the same time, notify the syndicate. The co-owner shall give the name of the lessee, the term of the lease and the date on which he gave the lessee a copy of the by-laws of the immovable. The same applies, with the necessary modifications, where the private portion is otherwise occupied. »
  • Article 1068.2 C.c.Q. provides that: " A person who promises to buy a fraction may request the syndicate to provide him with the documents or information concerning the immovable and the syndicate that will enable him to give enlightened consent. The syndicate is bound, subject to the provisions relating to the protection of privacy, to provide them with diligence to the promisor, at the latter’s expense. The syndicate shall send the owner of the fraction or his successors the documents or information it has provided to the promisor. »
  • Article 1071.1 (C.c.Q.) provides that it will become mandatory for any co-ownership to create a self-insurance fund;
  • Article 1073 C.c.Q. provides that the syndicate must take out civil liability insurance for directors and officers of meetings. This insurance became mandatory on April 15, 2021.
  • Article 1064.1 C.c.Q. requires all co-owners to take out civil liability insurance.
  • Article 1086.1 C.c.Q. provides that: " The board of directors shall send to the co-owners the minutes of every decision made at a meeting or every resolution in writing passed by the board within 30 days of the meeting or of the passage of the resolution. »
  • Article 1090 C.c.Q. provides that: "The co-owner of a fraction held in indivision who is absent from a general meeting is presumed to have mandated the other co-owners of that fraction to represent him, unless the absentee has, in writing, mandated a third person for that purpose or has indicated his refusal to be represented. The absentee’s voting rights are partitioned proportionately to the rights of the other co-owners in the indivision. »

Updating the declaration of co-ownership

Many provisions contained in your declaration of co-ownership have thus become obsolete, whether in the Constituting act of the co-ownership or the By-laws of the immovable. However, it must be remembered that a declaration of co-ownership unsuited to today's reality could be problematic. And for good reason, since it would possibly open the door to costly litigation, the outcome of which may be uncertain. In order to put an end to the risk of legal uncertainty, it is strongly recommended that your syndicate rewrite or completely redesign the declaration of co-ownership.

The notarial team of Therrien Couture Joli-Coeur

The notarial team of Therrien Couture Joli-Coeur, proposes to accompany you in the update of your declaration of co-ownership. The purpose of this legal service is to bring the stipulations of the declaration of co-ownership into line with the provisions of public order provided for in the Civil Code of Québec. As part of such an update, our firm performs the following services:

  • Legal analysis of the declaration of co-ownership and its amendments;
  • Deletion of terms that have become obsolete, unfair or unlawful;
  • Revision of phraseology and updating of vocabulary;
  • Insertion of the mandatory provisions of the new law and any amendment required or desired;
  • Preparation of an interim document showing the original clauses to be amended and the clauses proposed to replace them;
  • Establishment of the modified declaration of co-ownership, ready to be voted by the meeting of co-owners, notarized and published in the Land Register;
  • Drafting of the resolution of the meeting of co-owners;
  • Signature and publication of the updated declaration of co-ownership.

The co-owners will thus have a single perfectly legible document, which corresponds to the primary objective of the legislator, namely the full information of the "co-owner-consumer".

 

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For more details on the financial framework for such a provision of services

Contact Me Yves Joli-Coeur, lawyer

Email: [email protected]

Phone: 1.855.633.6326

 

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