Arrondissement de Mercier–Hochelaga-Maisonneuve

The Borough issued a Transformation Permit to the co-owner of a building authorizing him to install a commercial exhaust hood with fan equipment in a common area with restricted use reserved exclusively to the other co-owner. The latter complains to the OdM.

The permit holder later declares bankruptcy. The hood is removed by his successor: the complainant is no longer aggrieved by the situation. Nonetheless, the OdM is concerned by some aspects regarding the processing of this Permit Application:

♦  The work concerned clearly affected a common area in the building.

♦  Prior to the issuance of the permit, the plaintiff had advised the Borough that she was the only other co-owner of the building and that she was opposed to this installation.

♦  The Résolution de l’assemblée des copropriétaires filed in support of the Permit Application should have raised questions on its face: it is stated therein that the permit applicant was the only co-owner present at the meeting and also, that the Co-ownership Agreement requires the attendance of three-quarters of members in order to have quorum.

♦  Nonetheless, the permit was issued to the applicant.

Our office plans to inquire with the Borough in 2019 to determine whether additional verifications could or should be conducted by the Borough when considering a Permit Application regarding a divided co-ownership property.

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