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17/12/2023
December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of parking spaces may differ from one co-ownership to another, depending on what the declaration of co-ownership (Constituting act of the co-ownership) provides. These vehicle parking spaces are either in the basement or outside a building, and a distinction must be made between spaces designated as private portions and those that may be characterized as common portions or common portions for restricted use....
11/12/2023
We are living in a paradoxical period, marked by the dazzling progress of computer technologies, the dematerialization of data, artificial intelligence, and their intrusion into all aspects of our lives. More than ever, people are posting on social networks and talking about their most recent outings, vacations or acquisitions, when not blabbering about their moods. Regardless, privacy remains a fundamental right that must be protected, sometimes against us....
02/12/2023
December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary, the strength of his observation. This strength emerges from the relevance of the facts found. The importance of the finding remains linked to its usefulness, which is considerable. The bailiff's ascertainment is nothing more or less than a legal photograph that preserves the memory of the facts which, without this report, could fade over time....
30/11/2023
La Loi française « CLIMAT ET RESILIENCE » provoque un débat passionné parmi les professionnels immobiliers et le public concernés soit les propriétaires de logements d’habitation qui ne sont pas suffisamment isolés et vont être interdits de location ou d’augmentation de loyer tant que les travaux ne sont pas faits. Les transactions immobilières se bloquent. Les propriétaires cherchent à se débarrasser de leurs logements, mais attention ! ...
01/11/2023
L’acquisition d’une propriété constitue l’achat le plus important que nous aurons à effectuer au cours de notre vie. Au fil du temps, le marché immobilier s’est adapté aux modes de vie, aux désirs et aux aspirations des Québécois et Québécoises. En particulier, la création de la copropriété divise, en 1969, a grandement contribué à stimuler l’accès à la propriété. Au cours des cinquante dernières années, ce mode d’habitation s’est développé exponentiellement et il a su séduire des centaines de milliers de foyers. Ces projets d’habitation n’ont cessé de se multiplier sur le territoire québécois, résultat d’une économie prospère et d’un marché immobilier dynamique....
30/10/2023
Every step of a construction project is crucial to its success. The Square Cartier co-ownership, which has recently been the subject of a lot of media coverage, is the perfect example of a poorly planned construction project. Indeed, it seems that the preliminary phases of this project suffered from a lack of research and analysis, leading the co-ownership to the situation it is in today: uninsurable and drowning in claims. In this column, we'll analyze the elements that should have been considered during the initial stages of the project, while offering design ideas that could have prevented these problems....
21/10/2023
October 21, 2023- Buying or selling a condo requires a lot of planning. The dates of signing the transaction and taking possession are an integral part of it. Indeed, a delay in the scheduled date has logistical and monetary implications that can be significant for both buyers and sellers....
21/10/2023
October 21, 2023 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for a co-owner to prepare one himself. A formidable tool at assemblies and an object of covetousness for many when a decisive vote is planned in the co-ownership. However, proxies and their validity are often the subject of unfortunate questions and attempts to counter them. What about it?...
15/10/2023
October 15, 2023- The Meeting of co-owners is a major event in the life of a co-ownership. A meeting at least once a year, it is decisive since it allows the making of major decisions that impact the lives and finances of the co-owners. The board of directors' mission is to take care of the convening and holding of the meeting of co-owners but also of the execution of the decisions it votes. Decisions taken have to appear clear and careful planning is required. It is also important to understand the rules that apply to it. ...
12/10/2023
Collectively, we owned the old Champlain Bridge. We neglected it for years, pumped money into it to keep it afloat in its final days, and eventually had to shell out more than 4 billion to cross the same shore, using the same access routes. Can we draw a parallel to co-ownership? While it may seem logical to think that low co-ownership fees are an advantage and high co-ownership fees are a disadvantage for a buyer or a long-term co-owner, think again because reality might be quite different....