Declaration of co-ownership – Everything you need to know (2025)

The declaration of co-ownership is one of the most important documents that buyers and sellers need, when buying or selling a divided co-ownership. It forms the backbone of Quebec’s condo laws.

In this article, we are going to cover:

• What is the declaration of co-ownership?
• How is the declaration of co-ownership created?
• What is included in the declaration of co-ownership
• How to amend the deceleration of co-ownership
• How to review the declaration of co-ownership

What is the declaration of co-ownership?

The declaration of co-ownership is a legal document that defines how a divided co-ownership (condo) is organized and managed. It sets out each owner’s rights and responsibilities, describes which parts of the property are private vs. common and establishes the rules for living in and maintaining the building.

Buyers should ask to see the declaration of co-ownership before purchasing the property. Furthermore, buyers can make their promise to purchase contingent on a satisfactory review of the declaration of co-ownership, including its by-laws and financial statements.

How is the declaration of co-ownership created?

When a building is first created, the developer who built the entire building, usually owns the entire property. Before selling individual condo units, the developer will sign the declaration of co-ownership as the sole owner. This will legally divide the property into private and common portions. Once this is done, the building officially becomes a divided co-ownership (condo), and the developer can start selling individual units.

A declaration of co-ownership is required by law to create a divided co-ownership. Without it, the property remains undivided, meaning there’s only one legal lot and shared ownership (no separate unit titles). This means that if a developer wants to sell individual condo units, the declaration of co-ownership must exist.

Once the declaration of co-ownership has been created, the document must be published in the Québec Land Register (Registre foncier du Québec). This publication makes it legally binding and enforceable against all current and future owners. On the day that the declaration of co-ownership is registered, the syndicate of co-ownership is automatically created. In Quebec condo law, this whole process is commonly referred to as condo registration.

What is included in the declaration of co-ownership?

In Quebec, the declaration of co-ownership is written by a notary (notaire), as it is considered an authentic act under Quebec civil law.

Before 1994, Quebec had an older version of property law, and many condominium declarations (declarations of co-ownership) were written under that older code. When the new Civil Code of Québec took effect in 1994, the law changed how these declarations had to be structured. 

The new rules (article 54) divided the declaration into three specific parts: 

1. The constituting act of co-ownership (legal and ownership details)
2. The by-laws of the building (rules for living and managing the condo) 
3. The description of the fractions (plans showing which areas are private vs. common)

The contents of each of these parts is defined in sections 1053, 1054 and 1055 of the Civil Code of Quebec. To amend the declaration of co-ownership, the condo owners must follow section 1097 of the Civil Code of Quebec. We will cover how to do this later in this article.

Part 1: The constituting act of co-ownership

The Constituting Act, which is the first part of the declaration of co-ownership, formally creates a divided co-ownership (condominium). It defines the building’s identity and how it is organized. More specifically, this section specifies:

• The designated name and head office of the syndicate.
• The purpose and permitted uses of the property (e.g., residential, commercial, or mixed-use). This is known as the “destination” of the property.
• Which parts of the condominium complex are private and which are common, and what the destination is for private and common portions.
• The percentage ownership (also called the “relative value”) for each unit and its share of common expenses and voting rights.
• The duties of the board of directors and each of the co-owners. This includes any special rules or penalties and defines important terms that are used to manage the property such as “substantial loss”.

Part 2: The by-laws of the building

The second part of the declaration of co-ownership sets out the practical rules (the by-laws) that govern daily life in a condominium. The by laws act as a code of conduct for all co-owners and residents to adhere to. The rules include:

• How meetings of the Board of Directors and meetings of the co-owners can be called and run. Namely who can call a meeting, how will they inform others of the meeting, how many people are required to attend the meeting and the provisions governing the holding of meetings.
• Outlining how the building is managed and how everyone must behave and maintain their property.
• They regulate how common and private areas can be used and maintained, for instance clarifying what work or modifications are allowed, as well as rules concerning pets, rentals, noise, parking and access to shared facilities.
• Finally, they explain how common expenses (condo fees) and contingency fund contributions are calculated, collected and managed, ensuring fairness and proper financial administration within the co-ownership.

It is important to know that some of these rules can be added over time without requiring a formal amendment to the declaration of co-ownership. For instance, rules related to everyday matters such as noise, pets, parking and so on. In this case, owners will add documents to the declaration of co-ownership.

New buyers must therefore ask for not only the declaration of co-ownership, but also any new documents that describe new rules that have been voted in or modified since the creation of the original declaration of co-ownership.

Part 3: The description of the fractions

The third part of the declaration of co-ownership does two things: 

1. Identifies every unit and shared space within the condominium by their cadastral numbers. 
2. Lists any legal rights that affect the property.

Cadastral designation of private and common portions

Each private unit (like your condo) and each common area (like hallways, elevators, or the roof) must have an official cadastral designation — a numbered lot recorded with the Québec Land Registry. This ensures that ownership of each portion is legally valid and clearly recorded.

Real rights attached to the property

This section also lists any legal rights connected to the property. This means the legal rights that either limit it or benefit the property. For example, a right of way (servitude) might allow a neighbor to pass through part of the land, which “encumbers” the immovable, while an easement in favor might give the building access to a shared path or driveway. 

These rights are considered part of the property itself and stay with it even if ownership changes. However, hypothecs (mortgages) are not included here, since they are financial obligations rather than permanent rights affecting the property.

Importantly, rights relating to hypothecs (mortgages) or other financing-related securities are not included here. This is because they are financial obligations rather than permanent rights affecting the property.

How to amend the declaration of co-ownership

Amending a declaration of co-ownership must follow strict rules under Article 1097 of the Civil Code of Québec. According to this article, any co-owner or board member can propose a change, but it must be approved at a meeting of co-owners and then notarized and published in the Québec Land Register to become official.

Article 1097 sets out the voting thresholds required to edit each section of the declaration of co-ownership. These are listed below.

• By-law changes (Part 2): simple majority (50% + 1) of votes.
• Constituting act or description changes (Parts 1 & 3): qualified majority (75%) of all votes.
• Changing the building’s destination (e.g., from residential to mixed-use): unanimous consent.

Always check for published amendments before buying, as these updates can affect what’s allowed in the building and how it’s managed.

Conclusion: How to review the declaration of co-ownership

Before purchasing a condo, buyers should carefully review the declaration of co-ownership with their real estate broker or notary. This is one of the most important documents you’ll encounter in the buying process, as it defines exactly how the property can be used and what rules apply.

Make sure that what you plan to do with your unit is actually permitted, for example:

• Are pets allowed?
• Can you rent out the unit while you’re away?
• Are barbeques permitted on balconies?
• Can you make renovations or install air conditioning?

Beyond the declaration itself, it’s also essential to review other key documents with your broker, such as the condo’s financial statements, the contingency (reserve) fund study, the minutes of recent co-owners’ meetings and so on.

These documents reveal whether the building is well-managed, financially sound and free of major disputes or upcoming expenses. In short, don’t rush this step. Understanding the declaration of co-ownership and how it fits within the building’s broader financial and governance structure will help you avoid surprises later and ensure your new condo truly fits your lifestyle and plans.

Need a realtor who understands condo rules inside out?

Buying a condo is about more than finding a nice unit. It’s also about understanding the fine print around the transaction.

Connect with a verified Montreal realtor who specializes in co-ownership properties and can guide you through every detail with confidence.

👉 Find a trusted realtor now.