Successive changes to the declaration of co-ownership method

This method aims to establish a single co-ownership property. It is used when the real estate development project is the subject of only one declaration of co-ownership that is amended as each new phase is built.

Following the cadastral operations, a declaration of co-ownership is registered. Then, a written resolution is passed authorizing future cadastral and legal amendments, and the declaration of co-ownership will be amended as the transitional lots are developed. The use of the successive changes method therefore results in multiple amendments to the declaration of co-ownership until the project is fully completed.

A transitional lot is a lot shown on a horizontal or vertical cadastral plan. The transitional lot designates a private portion and is intended to be replaced by a horizontal or vertical cadastre (depending on the project) in order to create other private and common portions (based on the type of building built on the transitional lot).

Therefore, the declaration of co-ownership concerns not only the lot where the building is located, but also the lots where the other buildings will be erected in the future. As other buildings are constructed, they will be added to the initial declaration of co-ownership.

The articles of the declaration of co-ownership and the decisions made through written resolutions are what will allow the development of the transitional lot.

These deeds of amendment of the lots and the declaration of co-ownership must be adopted by the general meeting of co-owners. However, the developer cannot make the completion of the phased project subject to the authorization of the co-owners. Therefore, the developer adopts the written resolutions following the registration of the declaration of co-ownership, before consenting to any sale of the fractions (while he is the sole co-owner in the “meeting”). These resolutions are drafted in a way that allows him to carry out the cadastral operations necessary to develop the project. It is good practice for buyers to be informed of these resolutions at the time of purchasing their fraction. The preamble to the declaration will normally announce the adoption of such resolutions, which will be recorded in the register of co-ownership.

In short, all the buildings will form a single co-ownership property and will have only one declaration of co-ownership.