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Le RGCQ salue un nouveau projet de loi pour réformer le droit de la copropriété

MONTREAL, April 3, 2019 / CNW Telbec / - The Regroupement des gestionnaires et copropriétaires du Québec (RGCQ) welcomes the deposition by the Minister of Municipal Affairs and Housing, Andrée Laforest, of Bill 16, An Act mainly to regulate building inspections and divided co-ownership, to replace the name and improve the rules of operation of the Régie du logement and to amend the Act respecting the Société d’habitation du Québec and various legislative provisions concerning municipal affairs.

The government thus respects a campaign promise and responds to repeated requests from the RGCQ for the benefit of Quebec co-owners. For a long time, the field reality has gone beyond the provisions of the law. It has been 50 years since the first legislation on divided co-ownerships in Quebec, and the amendment to article 1069 of the Civil Code of Quebec dates back to 2002. The changes, which have been in demand for several years, are essential to the sound management of buildings and the long-term preservation hundreds of thousands of Quebecers heritage.

Preservation of the building at the heart of the bill

The bill provides, amongst other things, to make the study of contingency funds mandatory and, above all, that syndicate of co-ownership follow the conclusions of this study. This progress will improve and guarantee the quality of building conditions of condominiums. The contingency fund study is the only proven way of guaranteeing intergenerational equity between co-owners. This situation will be fair and, ultimately, economic for all. It was one of the RGCQ's priorities to ensure the future of Quebec's co-ownership.

"Rather than showing off the abnormally low co-ownership fees, the contingency reserve fund study reflects the true cost of co-ownership life," says Yves Joli-Coeur, RGCQ's emeritus lawyer and general secretary. This way of doing things is essential to ensure the durability of co-ownership in Quebec and to protect the investments of co-owners. One must exercise discernment : the latest buyers do not have to suffer from the lack of foresight of the previous administrators."

Clarified governance and solutions to blockages

The bill includes several other important measures. Among these, provisions are in place to resolve situations of systematic blockages, when some directors do not want to comply with their obligations. In addition, the operation of the general assembly is simplified to improve its efficiency and fight against the lack of interest of some co-owners.

There are many other novelties that will change the daily life of Quebec's co-owners. To help co-owners see more clearly, the RGCQ will analyze the various elements of the Bill and will present this reform at a conference on Saturday, May 4, 2019 in Laval.

More changes to come?

Condominium management is the noticeable absentee. Today, no qualification is required and no supervision is imposed on Quebec condominium managers, while they sometimes manage budgets worthy of SMEs. Co-owners and managers bear the costs of this legislative absence. Nevertheless, the RGCQ is confident that the Minister of Municipal Affairs and Housing has knowledge of the repercussions on Quebeckers, and that all useful efforts will be invested in the near future to finalize the reform of the legislative framework of co-ownerships.