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Reform of the law on condominiums : the consultations are completed

by

Andrea Lubeck

14 May 2019 13:30

Photo : Unsplash

The government of Québec has held this week and the last week of the special consultations on bill 16, which has the purpose to assist the building inspections and the divided co-ownership.

For this occasion, l’Ordre des évaluateurs agréés du Québec and the Corporation of the Inspectors, Auditors, Quality of the Property (CIVQP) have detailed their views on the proposals contained in the bill. The two agencies generally support the efforts of the government. The second stresses, however, ” significant gaps “.

Standardize the practices of the inspectors

Among its claims, the CIVQP demand that the practices of inspectors are normalized by ” a checklist of standardized and comprehensive inspection operations “, by the development of a scientific methodology of data collection and the creation of a central registry accessible to all, including.

In addition, the agency recommends that a college education in building inspection to be put on feet to avoid that ” anyone [could] be improvised inspector “.

Finally, the CIVQP proposes to regulate the title of inspector and to impose a licence to practise which will be administered by the Régie du bâtiment du Québec. It also advocates for the creation of a register of holders of licence to practise the profession of building inspector, which would be accessible to the general public.

In favor of several measures

The Ordre des évaluateurs agréés du Québec has emphasized its support for the proposed amendments requiring the study of the provident fund and the maintenance book to the trade unions of condominiums.

The draft law introduces the obligation of trade unions of condominium to update a maintenance log of the building, in which they should detail the interviews and do. The content of this book and maintenance will be determined by way of regulation.

In addition, it provides that a condominium association shall make a study every five years of its pension fund. The study will determine the sums required for the fund to be sufficient to cover the estimated cost of major repairs and replacement of common elements. The study should be carried out by a professional order determined by the regulations. The regulations will also determine the content and modalities of the study.

In addition, the Order proposes that the professional managers of condominiums to be members of a professional order.

The LAC supports the bill

During the deposit of the bill 16 in April of last year, the insurance Bureau of Canada (IBC) welcomed the measures relating to the maintenance book to the study of the pension fund. The organization had stated that they ” would ensure the maintenance of the good condition of a building in the long term “.

It was also noted that “the insurance industry of damages is evidence of a rise in claims due to quality of construction deficient or a lack of preventive maintenance” of buildings in condo.

The TRAY deplored however the lack of provision on the quality of the construction. “Property and casualty insurers in Quebec to observe numerous claims in both buildings are recent, which demonstrates that the quality of construction can have an impact just as important as the lack of maintenance on the number of claims filed in co-ownership “, had written the body.

It is also said to militate in favour of ” inspections, more comprehensive and frequent work at different stages of the construction of a building “.

All in all, the oca argued that ” these new provisions should improve the loss ratio that we observe in the condominium and, therefore, [will improve] access to insurance more affordable for some unions “.

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