Ms. Dubois, a real estate broker, is mandated to sell a condominium in a divided co-ownership. During her verification of the property and its documentation, she notices that the Declaration of Co-ownership has not been published in the Land Register. What is the most important consequence of this omission?

Question: Ms. Dubois, a real estate broker, is mandated to sell a condominium in a divided co-ownership. During her verification of the property and its documentation, she notices that the Declaration of Co-ownership has not been published in the Land Register. What is the most important consequence of this omission?

Answer options: ✅ The Declaration of Co-ownership is not opposable to third parties, such as future buyers or hypothecary creditors.

• The syndicate of co-owners cannot legally enforce its decisions or collect common expenses.
• The co-ownership automatically reverts to an undivided co-ownership status.
• The municipality may impose fines for non-compliance with property registration laws.

Correct answer: The Declaration of Co-ownership is not opposable to third parties, such as future buyers or hypothecary creditors.

Explanation: For a Declaration of Co-ownership to be opposable against third parties (e.g., subsequent purchasers, hypothecary creditors), it must be published in the Land Register, as specified in Article 1059 of the Civil Code of Québec.