In my last article we examined what is a syndicate of co-ownership, its private and common portions of the building and its common portions of restricted use. We will now look about the various parts of the declaration of co-ownership. There are three parts,
1) the constituting act,
2) the building bylaws,
3) the description of the fractions.
The constituting act of co-ownership
The provisions of the constitutive act of co-ownership portion of the declaration define the destination of the building, itsprivate portions, and the common portions. It also determines the relative value of each fraction and indicates the method followed to establish it, the undivided share of the costs and the number of votes attached to each fraction and it envisages any other agreement related to the building or to its private or common portions. It also specifies the powers and respective duties of the board of directors of the syndicate and of the assembly of the co-owners.
The constituting act is thus a very important part of the declaration of co-ownership, because it contains the provisions which establish the rights, duties and obligations of the syndicate, and the board of directors and of the co-owners individually and collectively. These provisions are an essential part of the declaration of co-ownership, and consequently, they may only be modified in accordance with article 1097 of the Québec Civil Code (by majority vote of the co-owners representing a minimum of 75% of the votes of all the co-owners), and by the consignment of the modification in a notarized act filed in the Quebec Land Registry
The building bylaws
The building bylaws contain the rules relating to the enjoyment, the use and the maintenance of the private and common portions, as well as those relating to the operation and the administration of the co-ownership. The bylaws also establish the procedures for assessing and collecting the co-owners' contributions to the common expenses.
The composition of the board of directors of the syndicate, the method of nomination, replacement and remuneration of the administrators, as well as the other conditions of their duties, are also stipulated in the building bylaws.
The building bylaws may be modified according to article 1096 of the Québec Civil Code by majority vote of the co-owners present or represented at the general meeting of the co-owners, followed by the filing of minutes of the general assembly and the modified bylaw in the register of co-ownership kept by the board of directors.
The description of fractions
The description of fractions contains the cadastral designation of the private portions and the common portions of the building.
It also contains a description of the real rights (typically rights of way and for public utilities) registered against the building or existing in its favour. Changes to the description of fractions follow the same procedure as those made to the constituting act.
In a forthcoming article, we will discuss the decision making bodies of the syndicate, that is to say its board of directors and the general meeting of the co-owners.