What is a division description statement?
The division description statement is the document that defines the layout of the common areas and the private areas. The division description statement (EDD) is an essential document in real estate transactions.
It merely identifies the building complex to which it applies, divides it into units, identifies the units of the building and the share of common areas included in each unit, which it numbers, that is, to “demarcate and physically locate within the building the private and common areas defined by the co-ownership regulations” that it applies and specifies.
Its purpose is therefore:
- Identifying a building
- the division of the building into units
- batch number assignment
- the definition of each unit’s share of the common areas.
Its content is governed by Article 71 of Implementing Decree No. 55-1350 of October 14, 1955
Note: This is one of the first steps a building owner must take when converting the property into a condominium. It is provided to each new co-owner upon signing the deed of sale, as well as to the tenant upon signing the lease.
Although it is generally included in the condominium bylaws (RC), it can also be found in other forms: as a separate document accompanying the condominium bylaws, in the appendices to the bylaws, in the specifications governing the condominium, or in a court decision.
The division description is therefore either a document attached to and referenced in the RC, or incorporated into the body of the RC. These “nuances” have given rise to a wealth of case law regarding its actual legal scope.
Unfortunately, its true legal scope has still not been clearly defined, either by law or by case law (which is rife with contradictions, reversals, and varying judicial interpretations…): contractual scope, functional scope, enforceability…
If this topic interests you, follow the EDD’s legal battles at all the leading legal publishers and case law commentators! (Lextenso, for example).
Good luck…😊
Richard Bellanger – RB Consulting
