Converting dwellings to condominiums

MONTRÉAL, Aug. 7, 2015 /CNW Telbec/ - The Régie du logement wishes to inform the public about the prevailing rules concerning the conversion of a rental residential immovable to divided co-ownership (condominium).

Conversion is permitted:

• In the case of an immovable in which all the dwellings are occupied by undivided co-owners;
• In municipalities located outside the urban agglomeration of Montréal, unless the conversion is restricted by regulation or made subject to certain conditions.

Conversion is prohibited:

• If the building was built, acquired, restored or renovated within the scope of a housing-assistance program of the Government, the federal government or any of their departments or agencies.
• If the immovable is owned by:
  • a housing cooperative;
  • a non-profit organization;
  • a municipal housing corporation.
• In the case of the City of Montréal, the conversion is prohibited unless a derogation is obtained by a Borough Council that has an Urban planning advisory committee.

In any case, the Régie du logement must authorize the conversion if the immovable comprises or has comprised, in the last 10 years, at least one dwelling.

Greater Lessee Protection

Conversion to co-ownership does not threaten a lessee's right to remain on the premises. Lessees retain their right to remain in the dwelling for as long as they wish, provided they meet their obligations.

Unless otherwise stipulated, the right to retake possession of a dwelling can no longer be exercised against the lessee. The law provides for remedies in the event of illegal retaking, harassment or non-compliance with the formalities established for conversion.

Notice of Intent

The owner of an immovable must give each lessee a written notice of intent to convert the immovable to divided co-ownership, and transmit a copy thereof to the Régie, before undertaking any steps in that regard.

Work

From the date of the notice of intent until such time as a majority of voting rights in the general meeting of co-owners are held by occupant co-owners, no work may be performed without the authorization of the tribunal except maintenance work, urgent and necessary repairs for the preservation of the immovable and work performed in the dwelling occupied by a co-owner.

Application for Authorization

An application for authorization to convert an immovable to divided co-ownership must be produced to the Régie, by the owner, within six months after the date of the notice of intent or, where applicable, after the date of the resolution of the council of the municipality authorizing the conversion. The owner must send each lessee a copy of the application.

The tribunal will subsequently send each lessee a notice of hearing with respect to the application for conversion.

For any additional information, visit the Régie du logement's website at www.rdl.gouv.qc.ca, which offers, among other things, an information leaflet entitled Divided Co-ownership…and the Tenants.

You can also reach the Régie du logement by telephone:

Montréal Region
[phone] (BAIL)

Anywhere else in Québec
1 800 683-2245 (BAIL)

The Régie du logement is a tribunal with exclusive jurisdiction in the Province of Québec in matters of rental housing.

SOURCE Régie du logement

Régie du logement: Denis Miron, [phone] ou [phone], [email protected]