REGISTER PRIVATE PARTIES - IMPROVEMENTS & REFERENCE UNIT
.REGISTER OF PRIVATE PARTIES The law on insurance for condominiums has benefited from major and salutary changes. One of them will require the creation of a description of the units, called reference unit, which must be deposited in the register of a syndicate of co-owners. This document must provide a sufficiently precise listing of the units, so that the improvements that have been made by the co-owners are identifiable. Note that the new condominiums created as of June 13, 2018 will have to comply with this new obligation, and this, as of December 13, 2018. As for the others, the entry into force is scheduled for June 13, 2020. In addition, the Section 653 of the new Act states that "In divided condominiums established before October 31, 2017, the units are deemed, in the condition in which they are on that date, not to include any improvements made by a co-owner, unless the syndicate has already made available to the co-owners a description of the units in accordance with this section. ". And as of December 13, 2018, developers who build condominiums will have to do so themselves, at the latest during the transitional meeting that allows the transfer of powers from the developer to the co-owners. Source: CondoLegal
NEW Every syndicate of co-ownership created before June 13th, 2018 must adopt before June 13th, 2020 a description of the private portions that is sufficiently detailed that the improvements made by the co-owners are identifiable (refence unit). The syndicate’s inaction to do so could result in the insurance coverage for the building to be insufficient. Source: CondoLegal
Ministerial Order 2020-032 of the Minister of Health and Social Services dated 5 May 2020 modifies the terms of adoption of the description of the private portions provided for in article 1070 of the Civil Code of Quebec. The decree provides for the following provision: "… as regards divided co-ownerships established before 13 June 2018 having a syndicate not controlled by the developer, the description of the private portions referred to in the third paragraph of article 1070 of the Civil Code may be made by the board of directors of the syndicate rather than by a decision of the co-owners, and that description be deemed to be valid until approved or modified by a majority vote of the co-owners present or represented at the first meeting of the co-owners held after the decision." Source: RGCQ
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