May 14, 2022 — On the night of June 24, 2021, a high-rise apartment building, located on the northern edge of Miami Beach, partially collapsed. This tragedy, which claimed nearly 100 victims, aroused fear and horror. The destruction of Champlain Towers South, a 12-storey tower built in 1981 and held in divided co-ownership, led to a class action lawsuit involving several defendants, including the developer and contractors of a nearby construction project. According to the plaintiffs, the construction of another condo tower in 2016 generated vibrations and contributed to the collapse of the building by destabilizing its foundations. Other defendants included building professionals (architects and engineers) who had been hired by the co-property, as well as the town of Surfside itself.
March 21, 2022 — Condolegal.com has passed the 35,000-member milestone. Founded in 1999 by lawyer emeritus and secretary general of the RGCQ, Yves Joli-Coeur, this website has seen a rapid rise. And for good reason, since its directors and stakeholders have made many efforts, in order to make it both attractive and indispensable.
The beginnings were modest. Yves Joli-Coeur patiently fed this site with legal content. This work required several sleepless nights and an investment of time without counting. But as efforts are often rewarded, Condolegal.com vogue on a notoriety and a growing success.
Differences of opinion between the different co-owners and directors of a co-ownership are not uncommon. They can be beneficial if they are done with respect. However, they must not turn into areas of harassment and intimidation. When some abuse their power, by making vexatious remarks, by undermining the credibility and reputation of others, any interested party is entitled to request the intervention of the Tribunal. In a recent Judgment of the Superior Court, the court issued a "protection order" against harassing, threatening or intimidating co-owners in a condominium. It is essentially a civil order to keep the peace, but with the difference that it is addressed only on behalf of specific persons.
November 13, 2021 - Insurance premiums (usually) increase after a loss. But to what extent? And if an additional insurance premium is attributable to the co-owner who is responsible for it, under a regulation in force in a co-ownership, can his syndicate claim it?
August 21, 2021 - As of September 1, the vaccination passport will apply to certain activities deemed non-essential throughout Quebec. Bars, restaurants and gyms will be particularly affected by this measure. However, many wonder about such a mesure with regard to meetings of co-owners and meetings of the board of directors held face-to-face.
A recent judgment of the Court of Québec, Small Claims Division, sanctioned a company and one of its directors, who also acted as real estate broker, for not allowing buyers to adequately understand an important aspect of the property sold.
The building, built in 1938, had undergone major renovations for a four-unit co-ownership conversion. According to the company's administrator, the flat roof of the building still had a useful lifetime of nearly 7 years. However, no studies were carried out on its condition and the characteristics of the building prevented buyers from verifying it. In addition, the vendors had no documentation regarding the last roof repairs.
April 15, 2021 — The Government of Quebec published in the Official Gazette of Quebec, on April 15, 2020, a by-law on divided co-ownership insurance, which clarifies the terms and dates of coming into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six elements contained in it would be passed by government regulation. For the time being, only four take effect on April15, 2021. For now, at least.
June 28th, 2020 - The law concerning co-ownership insurance has undergone major changes since June 2018. Section 1070 of the Civil Code of Quebec now contains a third paragraph, which provides that the syndicate keeps a sufficiently precise description of the private portions available to the co-owners, for insurance purposes, so that the improvements made by the co-owners are identifiable. The same description may apply to several portions when they have the same characteristics.
Although according to the National Institute of Public Health of Quebec (INSPQ), the risk of contracting COVID-19 in a swimming pool is very low or non-existent, access to swimming pools remains prohibited until further notice. According to virologist Hugues Loemba, a clinician-researcher at Montfort Hospital in Ottawa, the risk does not come from water, but from "promiscuity between healthy people and those with COVID-19 (asymptomatic or symptomatic)" ».
On March 13, 2020, all regular activities of the judicial system were put on pause in Québec, including the Superior Court of Québec and the Court of Québec. This decision, taken in the context of the health emergency, was necessary in order to facilitate compliance with the guidelines to counter the COVID-19 pandemic. As a result, thousands of planned trials did not take place and had to be postponed. Since then, courtrooms have been set up to comply with the public health guidelines.
The Quebec Bar has just informed its members that the courts should gradually return to a more intense level of activity, at the beginning of June 2020. Since the middle of March, only urgent cases have been heard, in virtual hearings, but little by little, more cases will be heard, either in virtual hearings or in person, but in accordance with mandatory distancing rules.