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A natural person or a legal person who contracts directly with a third party, to sell to the latter a building he has built, has caused to be built or has undertaken to build. Insofar as divided co-ownership is concerned, it is a person who, when the declaration of co-ownership is registered, owns at least half of all the fractions and, in certain cases, includes his successors and assigns.
WARNING ! Under the “Loi sur le bâtiment” (the Building Act), a developer is presumed to be a general contractor since he offers for sale or for exchange a building or a work of civil engineering. Thus, he must hold a license issued by the “Régie du bâtiment du Québec” (the Quebec construction Board).
13/07/2019
Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that the object of the syndicate is the conservation of the immovable, the maintenance and the administration of the common portions. However, this section was amended following the adoption of Bill 16. At the end…...
11/05/2024
We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not…...
03/07/2019
The presence of a Board of Directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. Its members act as the mandataries of the syndicate. When a co-ownership is newly constituted, the declaration of co-ownership generally provides for the appointment of a interim director, who exercises…...
28/12/2023
Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the…...
02/06/2015
It may sometimes happen that the newly constructed building cannot be immediately subject to a declaration of co-ownership because of the delays surrounding the filing of the cadastral plan with the land register. It is therefore impossible to create the co-ownership and to proceed with the signing of the notarial…...
04/12/2023
Real estate developers who are not the holders of the appropriate license for the construction of the Régie du Bâtiment du Québec may have a legal existence, be listed in the yellow pages and advertise in newspapers or on the Web. However, before signing a preliminary contract for the purchase…...
03/12/2023
When you buy in a newly built divided co-ownership, a portion of the fractions of the building (apartment, parking or storage space, etc.), or even all, can be the subject of a notice of legal hypothec of construction. The Civil Code of Quebec introduced this hypothec in order to protect…...
07/08/2021
Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on…...
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09/08/2022
Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December. Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership…...
25/07/2016
The right to vote is recognized as an essential element of any modern society, and as such, co-owners cannot be deprived of it except as provided in the law. In addition, each co-owner has, in principle, at the meeting a number of votes proportional to the relative value of his…...
21/08/2015
The sale of a residential immovable intended for a natural person who acquires it to live in it, whether it is built or to be built by a builder or developer, must be preceded by a preliminary contract. Article 1785 of the Civil Code of Quebec obliges the builder to…...
09/08/2022
As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors. However, this director has not reported on his administration since the publication…...
01/03/2010
We have just bought a new apartment in a co-ownership of more than one hundred apartments. There are still several unsold units in the building. I am one of the newly elected directors at the special meeting for the election of the new board. We have asked the developer to…...
09/08/2022
Question: Am I obliged to use the services of the notary appointed by the developer when I am the one who pays for it? What are the rules that apply in this area: who chooses the notary instrumenting the sale? Is it the seller? Is it the buyer? Do we…...