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In light of experience gained over the past 40 years, the Government of Québec is reviewing the rules that apply to condominium ownership. The purpose of this reform is primarily to better protect buyers and to ensure the preservation of our building heritage. To this end, the Government is calling on the Chambre des notaires du Québec for support in this important reflection and consultation process and is requesting the participation of individuals and groups interested in expressing their point of view and sharing their co-ownership experience as well as commenting on the Advisory Committee’s questions to consider.

The evolution of co-ownership in Québec

The residential condominium concept (divided co-ownership), commonly called a "condo," has been part of the Québec real estate landscape since 1969, and has since experienced tremendous growth. In Montréal alone, for the first time in 2011, the number of condominium starts surpassed that of single-family dwellings. In Québec City, from January to September 2011, close to 40% of construction starts were condominiums. In 2011, in agglomerations such as Saint-Hyacinthe, Saint-Jean-sur-Richelieu and Granby, condominium sales accounted for 20%, 14% and 12% of total sales, respectively.

A formula with its share of risks

Despite its clear popularity, the legal framework of condominium ownership has evolved very little since its beginnings. In its application, gaps, questionable interpretations and even potential dangers for buyers have come to light. Furthermore, aging buildings and, at times, a lack of foresight on the part of directors may have placed co-owners and potential buyers in a precarious situation. During the resale of a condominium unit, buyers face a number of obstacles. They cannot have the entire building inspected and do not have access to the co-ownership records. It is next to impossible for buyers to perform the verifications needed to make an informed decision. The time has therefore come to examine the current situation in order to come to a broad consensus on which solutions should be chosen to ensure the protection of the public and its right to information.