Condo Declaration (Quebec)

A Quebec Condo Declaration (Déclaration de copropriété) is the foundational legal document that establishes divided co-ownership (copropriété divisée) of an immovable in the Province of Quebec. Governed by articles 1038 to 1109 of the Code civil du Québec, this document divides an immovable into private portions (parties privatives) owned exclusively by each co-owner, and common portions (parties communes) shared by all co-owners. Under article 1053, the declaration must be made by notarial act and published at the Registre foncier. It creates a syndicate (syndicat de copropriété) as a legal person under article 1064, responsible for preservation and administration. The declaration includes the constituting act, by-laws of the immovable, and a description of the fractions. Each fraction includes a private portion and a share in the common portions expressed as a percentage. This is the most important document in Quebec condominium law.

You need this when creating a new condominium development, converting an existing building to divided co-ownership, or establishing the legal framework for multi-unit ownership in Quebec. Required before any unit can be sold individually. Essential for developers creating new condos, property owners converting buildings, and anyone establishing formal co-ownership with private and common portions.

Key elements: building description and location; definition of private and common portions per art. 1042; shares (quotes-parts) for each fraction per art. 1041; syndicate establishment per art. 1064; by-laws of the immovable per art. 1054; contingency fund requirements per art. 1071; insurance obligations; restrictions on use of private portions; administration rules; bonne foi clause per art. 1375; applicable law under the C.c.Q.