January 3, 2017 – War stories about water infiltration in co-ownerships continue to be the talk of the town. They are now one of the classic misadventures experienced by thousands of Quebec co-owners.
The name of Natalia Viktevskaia, the co-owner of a condo purchased on plan in 2007 in Saint-Hubert, was added to a long list of victims for whom the condo experience went wrong. "Such cases, there has been thousands of them in Quebec," confirms Emeritus lawyer Yves Joli-Coeur, the general secretary of the RGCQ.
This lady has been struggling with water infiltrations in her unit for four years. They would originate from the roof, causing her material, financial and psychological damage. She blames her syndicate of co-owners in this case, reveals Métro Newspaper.
It all began in January 2013: during showers accompanied by strong winds, a large quantity of water began to enter in her condo through her sliding door. Right away, Natalia Viktevskaia took various steps with the Board of Directors of the co-ownership, to solve the problem. Its directors have undertaken corrective work on a few occasions, but the problem remains unresolved.
She sues her syndicate
Mrs. Viktevskaia finally decided to sue her syndicate for "negligence in the maintenance of the building". To date, the legal action undertaken has cost her more than $ 5,000. "She wants to impose roof repairs and get an indemnity for the losses suffered," says Métro Newspaper.
The president of the Board of Directors did not wish to comment the case when Métro called her. "It follows its normal course; it is in the hands of lawyers. It is the judge who will decide on all this, "she simply stated.
When can one expect legislative reform?
This story reminds us that there is an urgent need for legislative reform in co-ownership. “Co-ownership has become a law-less zone," said Yves Joli-Coeur to Métro. The legal framework, it is not respected. Co-owners often sweep the problems under the carpet and wish they disappear, because it costs money to resolve them, more particularly with regard to the state of repair of the building. People are left on their own when there is a problem, and I assume it is what happened to the lady in the article. They must therefore seek the services of a lawyer."
Unfortunately, we do not perceive the will of the government to prioritize a reform, adds Yves Joli-Coeur. "It's sad, because people are losing confidence in this type of dwellings l." The Co-ownership Advisory Committee produced a report in 2012 to avoid reaching this juncture. This document lists the malfunctions that sometimes require legislative changes to correct several incongruence experienced by thousands of co-owners in Quebec.
Montreal, January 3, 2017
Source: Journal Métro