Follow the news on the condominium association insurance

August 27, 2022 — On June 22, 2022, the  Government of Quebec published in the Gazette officielle du Québec a regulation amending the Regulation to establish various measures in matters of divided co-ownership insurance. The by-law amends the terms and conditions for establishing the minimum contribution to the self-insurance fund of an immovable held in divided co-ownership so that a contribution bringing the balance of the fund to more than $100,000 may be reduced. Nevertheless, a syndicate of co-owners may always decide to deposit in the auto insurance fund an amount greater than this amount, and this, according to its financial forecasts.  

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.

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?

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.   

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.    

January 2, 2020 - Just 10 years ago, Quebec co-ownerships could count on 11 insurers. Since then, there are only 6. Of these, only two or three cover buildings worth between 20 and 50 million dollars.  

August 6, 2019 - Several clarifications are requested with respect to the draft regulation on co-ownership insurance. Tabled on July 17, its content raises questions expressed by the Damage Insurance Chamber (Chambre de l'assurance de dommages (ChAD)), the Insurance Bureau of Canada (IBC) and the Québec Co-owners and Manager Association (Regroupement des gestionnaires et copropriétaires du Québec (RGCQ)).  

July 20, 2019 - Quebec co-owners are concerned since the announcement of a draft regulation that will require syndicates of co-owners to create a self-insurance fund. However, it should be noted that contrary to what has been reported by some news sources, once adopted, this regulation will only come into force 24 months later.

July 17, 2019 - The new law on co-ownership insurance took another step forward on July 17th with the publication of a draft regulation that will be open for comment for 45 days. The Minister of Finance may subsequently publish it, with or without modifications, considering the comments received.