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When purchasing a co-ownership property (e.g. condominium, townhouse), one of the first things to verify is the type of co-ownership: is it divided or undivided co-ownership?  These two types of co-ownership have distinct features, and it is important to ensure that they meet the buyer's needs and expectations.

Key features of a divided co-ownership property

  • The buyer acquires a private portion (e.g. an apartment, a private parking space) and a percentage of the building's common portions (e.g. hallways, elevator shafts, swimming pool, etc.).
  • The buyer will be the sole owner of his private portion and will share the use of the common portions with the other co-owners. 
  • A co-owner may have exclusive use of certain restricted common portions, such as a patio or balcony.  This information must be indicated in the section “Summary description of the immovable” of your brokerage contract.
  • The apartment will have its own lot number (cadastre) and its own school and municipal tax bills.
  • The owner may sell his fraction without notifying the other co-owners. 
  • If a neighbour experiences solvency issues, the other co-owners will not be affected by his or her mortgage situation.
  • A syndicate of co-owners is set up to run the building and maintain and manage common areas.
  • A declaration of co-ownership must be notarized and published in the Land Register to establish the rules governing the building.

The real estate broker's role

Every real estate broker has specific responsibilities to protect and promote their client's interests while ensuring a thorough understanding of all aspects of the transaction. Co-ownership transactions are complex and require specific skills.  The broker will analyze the co-ownership documents (e.g. declaration of co-ownership, financial statements, minutes of meetings, maintenance log, contingency fund, etc.).

Reference number
202609
Last update
June 12, 2025