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Types of mortgages

Divided co-ownership (condominium)

Français : Copropriété divise

Ownership structure where each co-owner holds an individual title on their unit (e.g., condo) plus a share of common areas. Governed by the declaration of co-ownership.

Definition

Divided co-ownership is the legal regime governing condominiums in Quebec. Each owner holds a distinct title on their private unit (apartment, parking, storage locker) plus a share of the common areas (hallways, elevators, roof, foundations, pool).

Co-ownership is governed by the declaration of co-ownership, a registered legal document specifying rules, common charges, the condo association budget, and the contingency fund. Quebec's Law 16 (2020) strengthened association obligations: mandatory maintenance log, contingency fund study every 5 years, and mandatory minimum contribution to the fund.

For condo financing, lenders review the association's financial health: contingency fund adequacy, recent meeting minutes, special assessments or litigation. An underfunded association can block mortgage approval or reduce the maximum loan granted.

Official sources

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.