CO-OWNERSHIP OF PROPERTYThe
law provides for two types of co-ownership
Those acquiring the co-ownership of a property must be properly
informed of their rights and obligations. The first step is
to define the type of co-ownership.
Commonly called "condominium ownership", divided co-ownership
permits the division of a building into exclusive parts which
belong to their respective owners and common parts which are
owned jointly by all the co-owners.
Example: You buy the second floor in a three-storey condominium.
Your are the sole owner of the second floor (the exclusive
part), but you and your two neighbours share co-ownership
of the common parts, such as the outside walls, the land,
the roof, and so forth.
A property of this type belong to several individuals, each
of whom owns a fraction. No one owns exclusive part of the
Example: Although you live on the second floor of your triplex,
your two neighbours share its ownership with you, just as
you share the ownership of their dwellings.
What conditions govern the sale of a condominium?
Each condominium owner is free to sell or mortgage (hypothecate)
his or her condominium unit. However, the declaration may
contain restrictions which you should know about before the
preliminary contract is signed.
Your notary is the specialist in condominium ownership law.
Your rights and obligations
What do the declaration of co-ownership and the by-laws
The declaration of co-ownership divides the property into
exclusive parts, common parts, and common parts used by certain
condominium owners only. It specifies the purpose of the property,
i.e. the use of the condominium owners may make of it (commercial
or residential, for example). A detailed by-law may stipulate
restrictions on the use of each part of the property. For
example, it might specify that no animals are allowed in the
What precautions should I take before buying a condominium?
Each condominium is governed
by a notarial declaration of co-ownership and by-laws. But
most important, before you sign the preliminary contract that
will firmly commit you, consult your notary. He or she is
the specialist in condominium law.