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How to prevent your condominium from putting you on the street?

The stories of apartment buildings in such precarious conditions are multiplying that their owners are practically on the street. How to avoid these tragedies? We give you some advice.

• Read also: No help from the Municipality of St-Jérôme for the 48 owners in difficulty

You want to avoid ending up like this 48 co-owners of Saint-Jérôme, whose poorly built condominiums 30 years ago are in such a state that they will soon find themselves on the street, without any recourse; a story we posted yesterday. Renovations of the three 16-unit buildings would cost $ 4.2 million, or $ 262,000 per unit. Since construction defects are not covered by the insurers, the co-owners will have to continue paying the mortgage and move elsewhere. In the midst of a housing crisis.

Should they sue the directors of their condominium union? When you don’t have the means to save your building, you can hardly afford malpractice lawyers to seize co-owners who have also lost everything.

Who is really responsible for such a mess, which is happening everywhere in Quebec? “Ultimately, it is the Quebec government that should pay,” comments Yves Joli-Coeur, a lawyer and trainer specializing in co-ownership. The various governments PQ, Liberal and CAQ did nothing to check the quality of the construction, often claiming that it would cost too much and delay construction. Meanwhile, Ontario requires systematic construction quality inspections and mandatory training for condominium administrators. Here, Quebec does nothing. “

Several invoices on these issues died on the order document. And Quebec has delayed the implementation of bill 16 on the maintenance plan and the study of the emergency fund for two years. How come ?

In Quebec, successive housing ministers live in the denial of reality. One morning, the state will have to advance billions to save the co-ownership from sinking, as happens in France.

ADVICE

  • Are you inheriting a new condominium from the client or have you just bought an apartment in an existing building? Ask your union to carry out a rigorous analysis of the quality of the construction, carried out by an architect for the building envelope, and by an engineer for the systems (structural, mechanical, plumbing). Even if the building is new. Its size doesn’t matter. Because the warranty plan isn’t absolute protection (including the GCR warranty for buildings of 4 units or less): Site inspections in Quebec are a joke.
  • Expect to pay a special valuation of a few hundred dollars per co-owner to cover the bills for these studies, which must be completed within six months.
  • Have an annual building maintenance log run, with works planned for the next five or ten years, depending on the age of the building, including any shortcomings. Is the roof really waterproof? Are the windows properly sealed? Are there crying holes at the bottom of the walls?
  • Request a quote from an architect. The latter has liability insurance and is familiar with building envelope issues. Don’t just collect quotes from contractors.
  • Make an emergency fund study, simultaneously with the construction quality study and maintenance log. Most of the buildings do not have sufficient funds to carry out expensive works to be carried out in the next few years. Expect to increase that of your building, especially if the architect or engineer experiences a maintenance deficit. Some co-owners want to save money by neglecting maintenance – they get caught by insurers, who charge them more after their own inspection. Some refuse to insure them or impose costly urgent work …
  • Ask your union administrators to take courses with the Regroupement des manager et co-owners du Québec (RCGQ). Co-owners also need to inquire. Three essential sources: Condolegal.comRCGQ.orggarantie.gouv.qc.ca. To find a good condominium manager, ask the condominium managers in the area, because there is no law that regulates this matter. Another government failure …

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