Definition

Declaration of co-ownership

The document registered in the Land Register of Quebec which includes (Ref.: Art. 1056 C.C.Q.) :

• The act constituting the divided co-ownership. It defines the destination of the immovable, the private portions and the common portions. It also specifies the relative value of each fraction and stipulates the powers and duties of the board of directors and of the general meeting of co-owners;
• A description of the fractions, which contains the cadastral description of the portions;
• The building by-laws, which comprise the rules for the operation and administration of the co-ownership. (Ref.: Art. 1052 to 1055 C.C.Q.)

Note: The declaration of co-ownership may not impose any restrictions on the rights of the co-owners except those justified by the destination, characteristics or location of the immovable.