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The purchase of real property (immoveables), whether in divided (condos) or undivided co-ownership, is a growing trend on the market. The popularity of this product is such that, on occasion, an immoveable property may be sold even before it has been built…
Be that as it may, sales of immoveables in co-ownership are exposed to the same risks of hidden defects and construction defects as those of any other immoveable property. To complicate matters further, the co-proprietors must also deal with a syndicate of co-ownership (often made up of other co-proprietors with little or no experience in building management) which is responsible for the good administration of their building, as well as for collecting condo fees, contingency fees, etc. This combination of factors sometimes leads to complex situations which may necessitate arbitration or the intervention of a tribunal.