Definition
The declaration of co-ownership is the 'social contract' of a divided co-ownership building. It is composed of three constitutive acts:
1. **Act of co-ownership**: description of private portions (unit numbering, areas, fractional shares) and common portions (hallways, roof, common parking, equipment). 2. **Building by-laws**: rules of daily life (pets, noise, renovations, short-term rental, visitor parking). 3. **Description of fractions**: table of each co-owner's share, which determines monthly common charge amounts.
Importance when buying a condo: - The buyer has the right to receive the declaration before lifting their financing condition - A specialized lawyer or notary can analyze it to identify problematic restrictions (rental prohibition, home-based business restrictions, etc.) - By-laws can be amended by co-owner vote with qualified majorities