Co-ownership · Declaration
Pets, noise, short-term rental, renovations: the manager does not decide these. The declaration does, and you read it before buying.
What the Code requires it to contain
The declaration sets "the relative value of each fraction and the method used to establish it, the share of the common expenses and the number of votes attached to each fraction. It also specifies the respective powers and duties of the board of directors and the general meeting of the co-owners, and any other agreement concerning the immovable or its private or common portions, including any penal clause applicable where the declaration is contravened."
Four things that concern you directly
- Your share of expenses. Written, not negotiated.
- Your number of votes. It sets your real weight at a meeting.
- Who decides what, between board and general meeting.
- Penal clauses, if you contravene the declaration.
What cannot be imposed on you
Article 1102: "Any decision of the syndicate which, contrary to the declaration of co-ownership, imposes on a co-owner a change in the relative value of his fraction or a change of destination of his private portion is without effect."
What to check before buying
Short-term rental, pets, work inside private portions, use of common portions for restricted use such as a balcony or parking space. These are what separate a condo that suits you from one that constrains you.
Where this surfaces: the syndicate register
Almost every question above is answered by one source, and it is not the listing. It is the register the syndicate must keep: the declaration of co-ownership, contracts, the cadastral plan, plans and specifications, location certificates, the maintenance log and the contingency fund study.
That is why we request those documents as soon as interest is serious, not after an accepted offer. A problem found before the promise to purchase is negotiated. Found after, it is absorbed.
Three habits before buying a condo
- Read the declaration before the showing sways you. It sets your share of expenses, your votes, and what is allowed.
- Compare the fund study with the fund balance. The gap is your special assessment risk, and it is a number.
- Read the last three sets of minutes. Work deferred year after year always ends up funded by someone. Often the new owner.
Related
Frequently asked
What does the declaration contain?
The relative value of each fraction and its method of calculation, the share of expenses, the number of votes, the powers of the board and the meeting, and applicable penal clauses.
Can a meeting change my share?
Article 1102 renders without effect a decision that, contrary to the declaration, changes the relative value of a fraction or the destination of a private portion.
Where do I find it?
It is published and forms part of the syndicate's register. Request it before making an offer.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 11 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.