Deluxco reminds every board it works with that a declaration of co-ownership is a notarized deed published in the Quebec Land Register. It consists of three parts: the constituting act, the by-laws of the immovable, and the description of the fractions. This legal document binds the syndicate and every occupant of the entire building.
In Quebec, one notarized deed outranks every house rule a board will ever write. According to Statistics Canada, 13.8% of occupied dwellings in Quebec were condominiums at the 2021 Census. Even syndicates that delegate the day to day work to our co-ownership management services must know what their co-ownership declaration says.
What Does a Declaration of Co-Ownership Include in Quebec?
Articles 1052 and following of the Civil Code constitute the framework for the act. A notary drafts it, and publication in the Land Register makes it binding on every subsequent buyer. Where a house rule conflicts with the deed, the deed prevails. Three parts structure this condominium declaration, and each answers a different question.
The Constituting Act of Co-Ownership
The constituting act sets the destination of the immovable, the relative value of each fraction, its share of the common expenses and the number of votes attached to it. Its role as the cornerstone of the deed is confirmed by the Chambre des notaires du Québec.
The By-Laws of the Immovable
The by-laws regulate the use and upkeep of the private and common portions. They also set the rules for how the co-ownership operates and is administered.
The Description of the Fractions
This part identifies each condo unit by its cadastral lot number. It also describes the real rights that affect the immovable or exist in its favour.
Divided Co-Ownership and Undivided Co-Ownership: Two Distinct Regimes
Only divided co-ownership rests on a notarized deed published in the Land Register. An undivided regime rests on an indivision agreement, where the property is held in co-ownership jointly. There are no distinct fractions, and no syndicate is created. The table below compares the two regimes point by point.
| Divided Co-Ownership | Undivided Co-Ownership | |
| Which Document Governs It? | A notarized declaration of co-ownership, published in the Land Register | A private indivision agreement signed by the co-owners |
| What Does Each Owner Hold? | A fraction: a private portion plus a share of the common portions | An undivided share of the whole building |
| Is There a Syndicate? | Yes, a syndicate of co-owners run by a board of directors | No, the co-owners manage the building together |
Mandatory Funds, Common Expenses and the Self-Insurance Fund
Several duties bind the syndicate, whatever the deed says. The contingency fund, required by article 1071 of the Civil Code, pays for major repairs. The self-insurance fund became mandatory on April 15, 2022, under article 1071.1. It is used to pay the deductibles of the insurance policies taken out by the syndicate.
Since October 15, 2020, each co-owner must also carry civil liability insurance that meets the minimum set by regulation (article 1064.1). Bill 16 adds a maintenance logbook and a fund study, both summarized by the Gouvernement du Québec. Our explainer on how Bill 16 changes syndicate obligations covers the rest.
Amending the Declaration: Entry into Force and Recourse
A declaration can be amended, but never by a simple resolution of the board. Changes to the constituting act or the description of the fractions follow three steps:
- A vote at a general meeting by co-owners representing three quarters of the votes of those present or represented (article 1097 of the Civil Code)
- A notarized amending deed drafted by the notary
- Registration in the Land Register, from which the amendment becomes binding
Amending the by-laws is simpler: a majority vote of the co-owners present or represented, recorded in the minutes or a written resolution and filed in the register kept by the syndicate (articles 1060 and 1096). An owner who considers an amendment abusive keeps a judicial recourse. Before a transaction, assess the up-to-date version, as our list of documents to obtain before a condo sale explains.
How Deluxco Oversees the Management of the Property
A well-drafted deed is worth little unless someone applies it every week. Under your mandate, we cover three areas:
- Administrative Management: registers, documentation, general meetings
- Financial Management: financial statements, condominium fees, contingency fund tracking
- Operations Management: preventive maintenance and major works
Our complete management package starts at $45 plus taxes per unit per month, for buildings of 16 units or more. Our Montreal, Brossard and Quebec City offices serve syndicates across the province, including Longueuil, Laval and Lévis. Our standards are set out in what makes a good condominium manager.
Key Points to Remember About Your Declaration
Your declaration is the cornerstone document to read before any decision. Let’s protect your co-ownership property together. Call our team at 1-833-773-4666, available 24/7, and we will review it with you.
FAQ About the Declaration of Co-Ownership
Where Can I Get a Copy of My Declaration of Co-Ownership?
The declaration is published in the Quebec Land Register. You can also request it from the notary or syndicate. Ask a legal professional to review the current version.
Does an Undivided Co-Ownership Need a Declaration of Co-Ownership?
No. Undivided co-owners sign an indivision agreement instead, a private contract. There are no distinct fractions and no syndicate, so nothing is published as a declaration.
Who Enforces the Declaration of Co-Ownership in a Condo Building?
The syndicate enforces it, through its board of directors. Directors can demand a violation stop and go to court to protect the rights and obligations it sets.