Article 1059 CCQ - Notarial form of the declaration

Article 1059 requires the declaration of co-ownership - and any amendment to the constituting act of co-ownership or to the descriptive statement of the fractions - to be made by notarial act en minute. The declaration is signed by all the owners of the immovable.

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What it means for your syndicate

This formal requirement is strict: neither a meeting resolution nor a simple electronic signature is enough to create or amend the declaration. A notary is unavoidable.

The declaration comprises the constituting act of co-ownership, the by-laws of the immovable and the descriptive statement of the fractions (art. 1052 CCQ); amendments to the constituting act or the descriptive statement follow the same notarial form and are signed by the syndicate.

CondoAide keeps the declaration and its amendments in the register, but does not replace the notarial act: drafting and receiving the act is the work of a notary.

Official text of the article

The official, up-to-date text of article 1059 is published by the Éditeur officiel du Québec. CondoAide only provides a plain-language summary here.

Last verified on July 13, 2026. CondoAide is not a legal authority and does not replace professional advice. If there is any discrepancy, the official Civil Code text prevails.

Manage your co-ownership with confidence

CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.