Me Émery Brunet has been practicing exclusively in co-ownership since the beginning of his career. He began his career in 2010 with De Grandpré Joli-Coeur, lawyers and notaries, a veritable living laboratory for the law and practice of co-ownership. It is there that, in the company of renowned lawyers (such as Me Serge Allard and Me Yves Joli-Coeur), he became familiar with all aspects of the field.
It is thanks to his atypical career, and even more to the mentors he meets on his way, that Me Brunet can offer services of great value for the real estate projects of his clients. From the conversion of triplexes to the phased development of major real estate projects, Me Brunet has had the opportunity to draft ever more complex declarations of co-ownership.
Me Brunet works with several syndicates of co-ownership to improve their original declaration of co-ownership or to rewrite it, so that it is in tune with the law and best practices. He has also found himself involved in cases of poorly designed co-ownerships on the legal level and which must be rectified for the benefit of both the real estate developer and the co-owners. It is thanks to this diversity of files in which he has participated that Me Brunet is today able to appreciate the points of view and particular needs of all the actors in a co-ownership file, from the promoter to the administrators of a syndicate through the co-owners.
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January 27, 2023 - The Mayor of Montréal, Valérie Plante, made a commitment on September 23, 2019, before the heads of state and government meeting in New York, to reduce the Montréal community's greenhouse gas (GHG) emissions by 55% by 2030 compared to their 1990 level. To become carbon neutral by 2050, the City of Montréal adopted the By-law concerning greenhouse gas emission disclosures and ratings of large buildings (21-042). The objective is to know the use of fossil fuels in buildings in order to reduce consumption. This regulation, which came into force on October 4, 2021, requires owners of large buildings to disclose the sources and amounts of energy their buildings use. By June 30 of each year, a declaration of such disclosure must be filed.
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Under the Charter of Human Rights and Freedoms, adisabled co-owner is asking us to install four automatic door openers in the common portions, two of which have a remote-controlled joystick. This co-owner told us that a significant portion of the installation costs would be covered by the Home Adaptation Program of the Société d'habitation du Québec (SHQ). However, when it was purchased, more than two years ago, this co-owner was already in a wheelchair. He must have been aware that the building was not suitable for his condition. Knowing that the costs for the installation of these automatic door openers will far exceed the amounts allocated by the grant, not to mention the inspections and maintenance afterwards, we find that the financial impact for our co-ownership is excessive and unreasonable. Question: Under the circumstances, are we required to accept his request, or can we refuse it?
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Due to covid, the board of directors of our building has held the meeting of co-owners on a ZOOM platform for the past two years. Despite this trouble shooting option, the result was unsatisfactory overall. Today, the co-owners are preparing a petition for the board of directors to return for the next annual meeting scheduled for the end of two months, in the usual format, a face-to-face meeting.
Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment. None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility and who is the owner of an indoor parking space not adapted to his needs. Question: Is there a law that would allow this co-owner with reduced mobility to request a change of parking space?
According to article 477 of the Code of Civil Procedure, the syndicate has the obligation to notify the co-owners of the subject of a legal claim to inform them, within five days of receipt of the notification. However, I sent a notice of arbitration to the directors by registered mail. I then forwarded the notice with the proof of receipt to a Mediation and Arbitration Centre. Question: Does a notice of arbitration fall into this category?
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January 8, 2023 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.
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December 31, 2022 - Co-ownership law is booming and is currently undergoing a major reform. But what about tacit changes to the declaration of co-ownership and the by-laws of the immovable? For example, if a co-owner has been using unused space in the garage for more than ten years to store his personal belongings, does he have the right to use it indefinitely? Will the person who eventually purchase their unit also be able to use this space to store their belongings?
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The new provisions introduced by Bill 16 will bring about many changes regarding the contingency fund in a co-ownership. It will be mandatory to obtain a contingency fund study, which will establish the necessary amounts so that the fund is sufficient to cover the estimated cost of major repairs and replacement of the common elements (art. 1071 of the Civil Code of Quebec). The miminal content of this study and the professionals who will be able to carry it out will be determined in a future government regulation soon to be published. Such study will have to be obtained every five years by the board of directors, which will have to determine the amounts to be paid into this fund, according to the recommendations made in this study.
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Article 1071 of the Civil Code of Québec states :" The syndicate establishes, according to the estimated cost of major repairs and the cost of replacement of common portions, a contingency fund to be used exclusively for such repairs and replacement. The fund must be partly liquid and be available at short notice, and its capital must be guaranteed. The syndicate is the owner of the fund, and the fund’s use is determined by the board of directors.». Each Syndicate is therefore required to provide sums in anticipation of these major repairs and replacement of the common portions.
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December 20th, 2022 – In the case of a real estate transaction in a divided co-ownership, the certificate of location of the private portion is not always sufficient. A certified copy of the certificate of location of the entire building could also be requested. It is this certificate of location that will inform the buyer of the compliance of the overall property with respect to laws and regulations, encroachments, easements, as well as possible restrictions regarding the addition of a pool, sheds, for example.
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The entire Condolegal team wishes you a happy holiday season and a happy 2023 filled with happiness and health! The little elves of Condolegal will take a well-deserved break. However, this rest will be short-lived, as the year 2023 is likely to be full of twists and turns.
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I am co-owner of an apartment that is located on the ground floor in a fairly old building. The service crawl space below my apartment is not heated. This common portion of the building is currently 9 degrees in the middle of it and our floor is frozen (10.6°C on the floor in our daughter's room and in the bathroom). We are therefore forced to heat really hard and constantly because the temperature ensuring a comfort zone is never reached. Questions: At what temperature is a heater considered insufficient? What is the minimum temperature for common portions such as crawl space and passageways? What are my recourses in case of insufficient heating?
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We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He opened a claim file with his insurer. However, the cost of replacing your vanity unit is lower than our deductible. It should be noted that we were informed that the co-owner, having bought the damaged apartment from the developer, had paid an extra fee for a superior quality vanity. Questions: In the circumstances, does the syndicate have to pay all or part of the cost of replacing this piece of furniture? If so, what should be the participation of the co-owner's insurer?
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A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.
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A co-owner made complaints against me to the syndicate of co-ownership. I asked for a list of complaints about me to find out exactly what I am accused of. I had a refusal as an answer. Question: How can I access this information? Which form do I need to fill out? Who do I contact if the syndicate does not cooperate?
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Expenses related to work in a co-ownership are a source of concern for many syndicates of co-owners. The average age of Quebec co-ownership now exceeds 30 years and many of them must or will soon have to carry out major repairs to the common portions. The primary mission of the syndicate, it should be remembered, is to ensure the preservation of the immovable. The competition between undertakings offering services in this area therefore enables the syndicates to choose from among the tenders proposed by the latter, the most competitive tender, bearing in mind that price is not the only selection criterion.
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Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by the Act respecting the protection of personal information in the private sector (PHIPA). With the assent of Bill 64 on September 22, 2022, new rules for the use and dissemination of personal information have subject (and will subject) the world of co-ownership since September 22, 2022, while other rules will come into force in September 2023 and 2024.
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