What rules have been introduced with the new Civil Code in 1994 and which were previously non-existent? | ScriptaLegal
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Frequently asked questions > Co-ownership/Condominium > Divided co-ownership > What rules have been introduced with the new Civil Code in 1994 and which were previously non-existent?

What rules have been introduced with the new Civil Code in 1994 and which were previously non-existent?

The new Civil Code of Québec, which entered into force on January 1st,1994, introduced several important concepts and rules for the drafting of declarations of co-ownership which were missing or incomplete under the old Code. Among those new concepts and rules, we may identify the following ones:

  • The co-owners may benefit from the use of common portions for restricted use, such as a terrace or parking space, and they are then responsible for paying themselves the costs and expenses relating to these common portions for restricted use through an additional contribution;
  • The syndicate of co-owners is required to establish a contingency fund to finance future work on common portions of the building;
  • The syndicate of co-owners must take out a group insurance for the replacement value of the building in case of loss, and the insurance proceeds must be paid to a trustee who is responsible for ensuring the reconstruction of the building, if any;
  • As mentioned above, the new Civil Code now provides for various types of majority vote required at a general meeting of co-owners depending, for example, on whether the co-owners wish to change the by-laws of the immovable, amend the act constituting the co-ownership, or change the intended use of the building.

Given these reforms, there is reason to believe that declarations of co-ownership drafted before 1994 had some significant flaws and gaps in light of the law currently in force and they are likely to generate a lot of interpretation disputes between co-owners.

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