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.
April 27, 2020 - Virtual general meetings of co-owners are permitted until further notice, due to the coronavirus crisis (COVID-19). The Minister of Health and Social Services, Danielle McCann, has just announced this by ministerial order. This authorization will calm concerns expressed by several syndicates of co-owners, who see their operations paralyzed, because only in-person meetings of co-owners are permitted by the Civil Code of Quebec.
April 19, 2020 - Condolegal.com and Regroupement des gestionnaires et copropriétaires du Québec (RGCQ - Quebec Group of Managers and Co-owners) have received hundreds of questions over the past few weeks about the impact of COVID-19 on condominiums. They range from maintenance measures to traffic in the building, even police intervention. It is in this special context that the RGCQ's general secretary, lawyer emeritus Yves Joli-Coeur, gave an interview to Radio-Canada journalist Mathieu Dion.
April 15, 2020 — The Government of Quebec published in the Official Gazette of Quebec, on April 15 2020, a regulation on divided co-ownership insurance, which clarifies the terms and dates of entry into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six of the elements contained in it would be passed by government regulation. For the time being, only four are touched by this regulation.
March 24, 2020 - The discord settles in co-ownership in Quebec, because of the coronavirus (COVID-19) and the constraints it causes in several buildings. Some of their occupants questioned the legitimacy of the directors to make unpopular decisions.
Swimming pools, terraces, gyms, saunas, lounges and libraries are suddenly closed in order to comply with government directives, which now prohibit gatherings of individuals.
March 20, 2020 – Condo managers are very busy these days because of the coronavirus (COVID-19). And for good reason, since several syndicates of co-owners have seniors in their buildings, but also occupants who are hostile to containment measures.
"Last weekend, a Montreal co-owner threw a tantrum because the building manager closed the pool. This co-owner was so upset that he requested his dismissal," revealed Lawyer Emeritus and Secretary General of the RGCQ, Yves Joli-Coeur, in an interview with Radio-Canada yesterday.