Updating a declaration of co-ownership should not be taken lightly. It requires a thorough understanding of the changes in the law and how they affect co-owners. In addition to this, such a rewrite must also take into account the interests and preferences of current co-owners to ensure that the new rules are fair and beneficial to all. Therefore, it is often wise to seek the help of a professional specialized in co-ownership law to carry out
this update.
This professional will not only be able to guide you through the legal changes to take into account, but he will also be able to help you find solutions adapted to the particularities of your building and the needs of your co-owners. It will also be able to facilitate the drafting and updating process by providing model clauses and ensuring that all modifications comply with the law.
Finally, let's not forget that an updated declaration of co-ownership can also be a valuable tool for resolving conflicts between co-owners. By establishing clear and fair rules for everyone, it can prevent misunderstandings and avoid potential arguments. It can also provide a solid legal framework for building management and help maintain the value of the units.
Changes to Legislation
It is important to emphasize that updating a declaration of co-ownership may be necessary due to changes to the legislation. Condominium laws may vary by region and may be changed regularly to meet the changing needs of the real estate market.
The reform of the Civil Code of Quebec in 1994 led to significant changes in terms of co-ownership. This reform divided the content of the declaration of co-ownership into three sections: the constitutive act, the building regulations, and the descriptive statement. It also took into account the existence of a distinct legal personality called a “union”. Subsequently, in 2018 and 2019, Bills 141 and 16 were adopted, leading to a series of new measures to be respected in co-ownership. Consequently, administrators and co-owners are now required to respect numerous obligations, even if these are not mentioned in their current declaration of co-ownership. These new provisions affect a multitude of subjects, ranging from the rules to be respected by tenants, to a new self-insurance fund, including the required majority of article 1097 of the Civil Code of Quebec which has been modified, the transmission of minutes, the possibility of requesting court intervention in certain situations, standards concerning liability insurance, and a new presumption of a mandate in favor of its co-owner, to name just a few .
These new measures were put in place with the aim of protecting co-owners and improving the management of co-ownership associations. However, they can also represent a challenge for administrators and co-owners who must adapt to these changes.
Administrators must now ensure they comply with all legal and regulatory obligations, as well as update their declaration of co-ownership accordingly. They must also inform and consult the co-owners on these new measures, in order to ensure good understanding and effective implementation.
For their part, co-owners must familiarize themselves with these new obligations and ensure they respect them. They can also use these new provisions to protect their rights in the event of a dispute with the co-ownership association.
Finally, it is important that all stakeholders in co-ownership, whether administrators, co-owners or professionals such as notaries and lawyers specializing in real estate law, keep themselves informed of these legislative changes and regulatory requirements to ensure good management and sound governance within co-ownership associations.
Benefit
It is common to see modifications made to a declaration of co-ownership, either by notarial acts to rectify situations impacting the constitutive act or the descriptive state of the declaration of co-ownership or by the co-owners themselves when meetings of co-owners, adopting new regulations or obligations to be respected. Rewriting a declaration of co-ownership makes it possible to group together the regulations adopted in a co-ownership over the years in a single document. This makes it easier for co-owners and potential buyers to consult the declaration of co-ownership. Rewriting is also an opportunity to adjust the declaration of co-ownership to bring it into line with the reality experienced in the co-ownership, particularly with regard to animals, floor coverings, temperature in the condos, and more. This is also the ideal time to enrich the declaration of co-ownership by adding, for example, a clause on short-term rental (e.g. Airbnb), a clause linked to odors and smoke (notably for cannabis, cigarettes and vaping), a clause on charging stations or a penal clause. Rewriting also makes it possible to eliminate obsolete standards, clarify certain existing clauses and specify others. We must not forget that the work of the board of directors, which must ensure compliance with the declaration of co-ownership, will be made easier once this work is completed. Another undeniable advantage is that your co-ownership will be more attractive to buyers thanks to an up-to-date document, which includes the new legislation and brings together all the co-ownership regulations passed over the years.
In summary, rewriting a declaration of co-ownership has many benefits, both for co-owners and for potential buyers. This not only makes it possible to group all the rules and obligations into a single, easily consultable document, but also to adapt to changes in legislation and the realities experienced in co-ownership. In addition, it facilitates the work of the board of directors and makes the co-ownership more attractive for future buyers. It is therefore strongly recommended to periodically rewrite the declaration of co-ownership to ensure the proper management of the co-ownership and respect for the rights and obligations of everyone.
Conclusion
Outdated condominium declarations can often result in costly and time-consuming disputes. Although rewriting them requires considerable effort on the part of the board of directors and may result in costs for the co-owners, there is no doubt that updating the condominium declaration will allow for more efficient operation of the property and will add certainly value. With my experience in this field, I would be delighted to help you with such a project.
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