RGCQ demands mandatory monitoring of residential construction sites

Co-owners are threatened with losing everything. This is the bleak portrait of the Pimbina syndicate co-ownerships, which make up the Faubourg Boisbriand co-ownership, as depicted in a Radio-Canada article, broadcast today on its digital platform. The investigation highlights the advanced state of disrepair of some 150 units: construction defects, premature aging, mold, rotting wood and fungal contamination are pushing the co-ownership syndicate to bankruptcy. The heartbreaking observation: it would take about $500,000 per unit to rehabilitate the homes and fix the many problems, although the alternative of demolishing everything - an entire neighbourhood is at risk of disappearing - seems to be the appropriate response in the circumstances. The co-owners, abandoned to their fate and themselves personally on the brink of financial ruin, are now being held hostage... by their homes.

Yves Joli-Cœur, a distinguished lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), deplores the lack of legislation requiring the monitoring of construction sites and believes that the government must get involved financially. "We must ask ourselves the question: why is this situation occurring? The first cause, obviously, is that we cannot guarantee quality construction in Quebec. The government must assume its moral responsibility for a legislative deficit that we have known about for decades in Quebec."

Because despite the succession of bills that died on the order paper and all the promises to correct the situation over the years, the lack of monitoring of construction sites in Quebec remains and is more than worrying; it is the very source of human tragedies.

"This is a real societal issue," adds the co-ownership expert. "Tragedies like the one in Faubourg Boisbriand, which could have been avoided, are the tragic result of a lack of political will, combined with a lack of long-term anticipation by unions and insufficient savings."

Danger in the home: urgent action is needed

For decades, the RGCQ has been sounding the alarm with authorities regarding the quality deficits in residential construction, the deficits in monitoring and maintenance, and the lack of legislative framework when it comes to co-ownership in Quebec.

The RGCQ also deplores the fact that Quebec is still the only Canadian province where monitoring of residential construction sites is not mandatory; it is everywhere else in Canada. In addition, the mechanisms for ensuring the quality of residential construction in Quebec are clearly insufficient.

"Unfortunately, the situation of the co-owners of Faubourg Boisbriand is not an isolated case. The average age of the real estate stock in divided co-ownership is now over 30 years; let's not kid ourselves, many buildings in Quebec are also in danger. It is essential to consider the means to be deployed to ensure the quality of construction, the conservation, and the sustainability of buildings and this lifestyle that is growing in popularity every year," emphasizes Me Joli-Cœur.

Bringing to fruition the major reform of the legislative framework for co-ownership is also an urgent matter

While Bill 16 adopted in 2019, which aims to profoundly reform the law on divided co-ownership by mainly targeting the supervision of building inspections and divided co-ownership, represents a giant step for Quebec co-ownerships, it is unfortunately being carried out at a snail's pace. Several of the measures it contains came into force on January 10, 2020, while others will come into force later, such as the requirement to have a contingency fund study and a maintenance logbook carried out, a strong element of the project. This is also the one that most affects the co-owners' wallets. It should be noted that the last reform dates back to 1994.

"How is it that three years later, we are still waiting for critical regulations, which will specify in particular the terms and dates of entry into force of some of the new legislative provisions? Despite the legislative deficit it inherited in this area, the government must act quickly. It is our built heritage that is in danger," urges Me Yves Joli-Cœur.

Purchasing real estate is the most important investment in the lives of most consumers. Consequently, everyone has the right to expect to acquire a quality product that will at least last for the estimated useful life, in order to have peace and quiet of mind. Ensuring the quality of the building from its design and construction, setting up the maintenance logbook and carrying out a contingency fund study are essential elements that are currently lacking to better protect consumers and condo owners.

The RGCQ therefore reiterates the urgency for the current government to finally take charge of the issue of construction site monitoring and make it a priority so that ultimately a real law will require complete construction site monitoring by professionals. The organization also urges the government to act without delay to finalize its reform and bring into force all the provisions of Bill 16, in order to protect the interests of citizens and co-owners in Quebec.

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