We all thought Bill 401 had died on the agenda, but as a phoenix it is rising from its ashes. The Quebec Government has basically kept its main components and drafted a new version, namely Bill 16, which aims, inter alia, to provide divided co ownership with an improved framework by the means of amendments to several articles of the Civil Code of Quebec.
In doing so, the Quebec government is consistent with its election promises. Several leading legal advisers are of the view that the government is thereby showing its concern of the state of repair and condition of immovables held in co-ownership.
March 21st, 2019 — A brand new service, the 24 Legal Hours, is now provided to real estate brokers who conduct business in the field of co-ownership. Because dealing with the peculiarities of condominiums may at time prove tiresome, consulting with an expert team of lawyers may help bring up practical solutions and strategies.
Relying on the know-how of experienced attorneys and notaries, de Grandpré Joli-Coeur knows better than anyone that a transaction involving a condominium may hide several traps one would be wise to avoid. Considering that in the context of a transaction many prospective buyers and sellers will entrust their needs to a real estate broker, nothing should be left to chance.
March 20th, 2019 — Co-ownership is becoming more and more popular in Montréal. Whether one focuses on the island itself or on its South or North Shores, it is clear that the condominium market is in full bloom.
In fact, Yanick Desnoyers, as director of the Market Assessment department of the Quebec Federation of Real Estate Boards (QFREB), recently pointed out that “In 2018, transactions involving a condominium accounted for 53% of the real estate market, whereas they reached a mere 19% in 2000.”
March 14, 2019 — A Canadian flag is causing some turmoil within a condominium community located in Carligwood Mall (Ottawa). Because the flag (which was Installed over a co-owner’s garage door) appears to go against a by-law included in the declaration of co-ownership, the board of directors demands that it be taken down.
The owner of the flag, Major Michael Mitchell, does not intend to obey such a request. Quite to the contrary, he maintains that one is perfectly justified to display a Canadian flag as a sign of nationalism. In fact, it would seem that the flag proudly waved for eight months before the board of directors raised the issue with Mr. Mitchell.
January 22, 2019 - Confusion reigns in Quebec co-ownership insurance. This state of affairs has been summarized by journalist Stéphanie Grammond, of the daily La Presse, in a recent article on with Bill 141’s adoption. Its new provisions have created" chaos in condo insurance" because its interpretation does not always reflect reality.
The current problem is daunting, as insurers, adjusters and also property and casualty insurance brokers have diverging views regarding 141’s specific content, so that syndicates of co-owners' and co-owners themselves end up being victimised.
January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division.
This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.
September 9, 2018 - The Ministère des finances is embarking on an important milestone in the implementation of Bill 141, which introduces several legislative amendments to co-ownership insurance. In fact, to be really in force, it will require the adoption of several regulations. This will allow better defining its impact, by the means of a broad consultation that has recently been launched.
July 25, 2018 - The cannabis prohibition in co-ownerships is presently a hot topic. Lawyer Maxime St-Onge, from de Grandpré Joli-Cœur, gave an overview thereof this morning on Global News.
While several Canadian co-owners syndicates are racing against the clock to ban pot in their immovable, the young lawyer confirms that Montreal is no exception as cannabis decriminalization will officially come into effect on October 7th.
July 4, 2018 - Condo buyers dealing with a real estate broker now have at their disposal a new tool to better protect their transaction. The coming into force of the mandatory form Declarations of the seller upon the immovable - Divided co-ownership, on July 1, 2018, will allow purchasers to obtain crucial information to govern them during their purchase.
Prepared by “l’Organisme d’autorèglementation du courtage immobilier du Québec [the Quebec organization for the self-regulation of real estate brokerage (OACIQ)]," it allows the seller to declare the current state of his property", to protect him from a possible recourse. As for the buyer, this document provides the necessary details so that he can "make an informed decision," states OACIQ.
May 25, 2018 - Syndicates of co-owners must deal with a new phenomenon: religious symbols. This issue must be treated with utmost caution, more particularly where a by-law prohibits public signs in a co-ownership.