September 11, 2017 - the RGCQ urges Québec to take action to end the current "confusion" in co-ownership insurance. "For two years Minister of Justice (Stephanie Vallée) tells us that she will legislate. We hope that she will finally make a move, "said Yves Joli-Coeur, Lawyer Emeritus and general secretary of the RGCQ.
Several organizations have come together to initiate a change of direction in co-ownerships insurance, including: «l’Association des professionnels de la construction et de l’habitation du Québec” (the Quebec Association of Building and Housing Professionals), as well as the: “Fédération des chambres immobilières du Québec” (Federation of Quebec Real Estate Boards). “There are real problems to be resolved, it's all in disarray," insists Yves Joli-Coeur. We are confronted with insurers making their own rules of Law, without taking into account the Civil Code of Quebec. It is not normal to require half a million deductibles in some immovables following a loss. "He adds that insurers are becoming increasingly rare in this market.
The Department of Finance has heard RGCQ’s grievances, as it held a co-ownerships insurance consultation from July 14 to August 29. The RGCQ took the opportunity to submit a brief to the department, which contains several recommendations to put an end to the numerous dysfunctions observed in this sector of activity.
Firstly, it is essential, according to RGCQ, that insurance companies be required to offer coverage to all co-ownerships, as is the case in automobile insurance. This will prevent some syndicates from becoming orphans due to the impossibility of subscribing any of the coverages offered.
Secondly, many damage insurance agents and brokers will need to be properly trained so that they can respond to the needs of the syndicates of co-owners. In this regard, only compulsory co-ownership insurance training could make a difference.
In addition, the department of finance cannot afford to neglect co-ownerships by phases, which are more and more present in Quebec’s residential real estate landscape. Many projects being developed according to this legal concept are in a precarious situation, because they are at risk of no longer being insured. For all these reasons, and for many others, co-ownerships insurance really needs a change of tack, concludes Yves Joli-Coeur.
Source: François G. Cellier for Condolegal.com and La Presse
Montréal, septembre 11, 2017