Legal services, conferences, training and arbitration for condominiums

The conversion of an immovable into divided co-ownership has certain undeniable advantages, including that of being able to obtain a mortgage loan from the financial institution of one's choice, while in joint ownership, all owners must finance themselves with the same institution. In addition, the minimum down payment in undivided co-ownership required is 20% of the purchase price of the apartment, and not 5%, as is the case in divided co-ownership, since mortgage insurers do not provide insurance for such loans. It is in this specific context that many owners wish to convert their building into divided co-ownership.

Me Yves Joli-Cœur, Ad.E., and Me Pierre Champagne , lawyers with  the law firm de Grandpré Joli-Coeur, are both mediators recognized by the  Quebec Co-ownership Council. They took part in  training courses offered by   the University of Sherbrooke entitled Civil and Commercial Mediation and have  acquired over the years extensive experience  in Quebec co-ownership law.

Co-ownership law has underwent significant changes in recent years. The adoption of Bill 141 of 2018, Bill 16 of 2019, Bill 41 of 2020, Bill 103 of 2021 and Bill 96 of  2022  have significantly amended the Civil Code of Quebec with respect to divided co-ownership. These have allowed several changes in the insurance of co-ownerships and created many additional obligations for syndicates of co-owners, including those to keep a maintenance log of the building and to obtain a study of the contingency fund establishing the sums necessary for this fund to be sufficient to pay for major repairs and the replacement of the common portions.

The developer, who often acts as a interim director as long as he holds the majority of the votes of a co-ownership, will eventually have to transfer power to the future board of directors. The latter will be elected at a special transitional meeting, which must be held when the same developer loses the majority of votes in the building. As soon as the co-ownership is born, that is to say when the declaration of co-ownership is published in  the Quebec Land Register, the Therrien Couture Joli-Coeur team offers to take charge of all the steps relating to the start of the syndicate and the complete organization of the  first meeting of co-owners during which the transitional administration is terminated. Our firm can, as part of this service provision, guide the transitional director and the co-owners through each step of the start-up of your syndicate of co-ownership, and give you all the necessary advice to ensure an effective start of the co-ownership.

Need assistance in establishing the reference unit for your condominium? Therrien Couture Joli-Coeur offers you tailor-made packages for you.  

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