BY-LAW CONCERNING THE CONVERSION OF IMMOVABLES TO DIVIDED CO-OWNERSHIP

Transcription

1 R.B.C.M. c. C-11 BY-LAW CONCERNING THE CONVERSION OF IMMOVABLES TO DIVIDED CO-OWNERSHIP CHAPTER I INTERPRETATION 1. In this by-law, the following words mean: "director": the director of the Service de l'habitation; "dwelling unit": a dwelling as defined in the Act respecting the Régie du logement (R.S.Q., chapter R-8.1); "immovable": an immovable for which the conversion to divided co-ownership is subject to the prior authorization to convert by the Régie du logement, under the Act respecting the Régie du logement , a. 25; , a For the purposes of this by-law, the city territory is divided into zones: (1) the central zone; (2) the intermediate zone; (3) the peripheral zone; (4) the Rivière-des-Prairies Pointe-aux-Trembles zone. The boundaries of each zone are listed in schedule A , a This by-law constitutes an action plan favoring home ownership according to article 787cc of the charter. CHAPTER II VARIANCE FROM THE BAN ON CONVERSION 4. No immovable may be converted to divided co-ownership unless a variance from the ban is granted under this by-law. March 8, 2000 C-11 / 1

2 SECTION 1 APPLICATION FOR VARIANCE FROM THE BAN ON CONVERSION 5. The owner of an immovable who wishes to obtain a variance from the ban on the conversion of that immovable to divided co-ownership must submit an application to the director. The application must be submitted on the form provided by the city, completed and signed, with the payment of fees set in the annual by-law concerning fees, and an acknowledgment of receipt of the notice of intent by the Régie du logement , a. 3; , a The application must be completed and filed within 6 months of the date of receipt of the notice of intent by the Régie du logement. SECTION II AUTHORIZATION OF VARIANCE 7. The following categories of immovables are established for authorization purposes: (1) an immovable where no less than half the dwelling units are occupied by one or more owners; (2) an immovable where all dwelling units are occupied by a use other than a residential use; (3) an immovable where all dwelling units were vacant before January 28, 2000; (4) an immovable not referred to in paragraphs 1 to , a. 4; , a For an immovable in the category referred to in paragraph 4 of article 7, a variance may be authorized if the vacancy rate of dwelling units in the zone where the immovable is located, as determined by ordinance, is 3% or more , a. 5; , a (Repealed) 10. (Repealed) 11. (Repealed) C-11 / 2 March 8, 2000

3 12. (Repealed) 13. (Repealed) 14. (Repealed) 15. The council rules, in accordance with the law, on all applications for variance. 16. At least 31 days before the meeting at which the city council rules on applications for variance, the city clerk publishes, at the applicant's expense, a notice in a newspaper distributed in the city. The notice specifies the time and place of the council meeting and the nature of the application. The notice designates the immovable by street and number or, failing this, by the cadastral number, and specifies that any interested person may be heard by the council in connection with that application. 17. Any interested person who wishes to be heard in connection with an application for variance may do so in writing, by following the procedure in articles 18 and Each interested person must inform the city clerk of the comments he would like to make in connection with an application, within 10 days of the date of publication of the notice referred to in article 16, by completing and signing the form provided by the city for that purpose. 19. The comments from an interested person in connection with an application for variance must be attached to the application file, and the council must take them into consideration before ruling on the application. 20. A copy of the council resolution to that effect must be submitted to the applicant. CHAPTER III SUBSIDIES SECTION I ELIGIBILITY 21. Only individuals are eligible for the subsidy under this chapter , a. 4. March 8, 2000 C-11 / 3

4 22. A subsidy is granted under the conditions and within the limits in this chapter to the first purchaser of: (1) a unit in a condominium for which a variance is granted under chapter II; (2) a unit in a condominium, provided the immovable, on the date of its conversion to divided-co-ownership, contains no less than one dwelling unit and has been fully vacant for more than 10 years. No person may obtain more than one subsidy under this by-law. But an owner who sells a unit for which a subsidy under this by-law was granted and who acquires a unit in an immovable referred to in the first paragraph may obtain an additional subsidy for that unit, in accordance with this chapter. No person may obtain both a subsidy under this by-law and a subsidy under the By-law concerning subsidies for the acquisition of new residential units (chapter S-4) or the By-law concerning subsidises for the acquisition of new residential units (New program) (chapter S-4.1) , a. 7; , a The purchaser referred to in article 22 may apply for a subsidy by completing the form provided by the city , a The director approves each subsidy application under this chapter. Each applicant receives a notice in writing whether the application is approved or rejected , a. 26; , a. 9; , a No subsidy may be granted for the exclusive part of an immovable 3 years after the date of registration of the declaration of divided co-ownership relating to that immovable , a. 8. SECTION II PAYMENT OF SUBSIDY 26. A subsidy consists of: (1) $500 paid within 45 days of the date of approval shown on the notice referred to in article 24; and (2) a property tax credit credited to the tax account relating to the unit covered by the subsidy, for each of the two fiscal years of the city after the one during which the unit was acquired, equal to the general property tax payable for the fiscal year concerned, without exceeding $ , a. 7. C-11 / 4 March 8, 2000

5 27. (Repealed) , a To remain entitled to a subsidy, each recipient must remain the owner of the unit covered by the subsidy until the second fiscal year of the city after the one during which the unit was acquired. Otherwise the property tax credit for the fiscal year after the year during which he ceases to be an owner is no longer paid to him. Where a unit is owned by more than one co-owner, the alienation of the right of ownership by one of them does not affect the right of other recipients to the full subsidy, and it is so as long as at least one of the recipients remains co-owner of the unit , a. 9; , a The recipient of a subsidy under this chapter remains entitled to the subsidy even if the unit concerned becomes uninhabitable after a disaster. It is so as long as he remains the owner, provided he has informed the city of the disaster, and provided the repair or rebuilding of the unit has been carried out within 12 months of the disaster , a. 10; , a. 10. CHAPTER IV FINAL PROVISIONS 30. The executive committee may determine, by ordinance, for each zone referred to in article 2, the vacancy rate of dwelling units, and the method of calculation , a (Repealed) , a. 12. March 8, 2000 C-11 / 5

6 SCHEDULE A ZONE BOUNDARIES (a. 2) 1. Central zone (1) Ville-Marie district; (2) Plateau-Mont-Royal Centre-Sud district; (3) The part of Sud-Ouest district bounded to the east by Guy Street and its extension to the Lachine Canal, to the south by the Lachine Canal, to the west by Atwater Avenue, and to the north by the CP railway track. 2. Intermediate zone (1) Rosemont Petite-Patrie district; (2) Villeray Saint-Michel Parc Extension district; (3) Côte-des-Neiges Notre-Dame-de-Grâce district; (4) The part of Mercier Hochelaga-Maisonneuve district west of the north-south axis of the CN railway track east of the Montreal Protestant Homes hospital, between Sherbrooke Street and the St. Lawrence River; (5) The part of the Sud-Ouest district bounded to the north by the crest of Saint-Jacques cliff, from the intersection of Sainte-Anne-de-Bellevue Boulevard and the boundary of the city of Montréal-Ouest, to Pullman Street; from there, by Pullman Street, to Autoroute 20; from there, by Autoroute 20, to the boundary of the city of Westmount; from there, by that boundary, to the east, to the intersection of Atwater Avenue; from there, by Atwater Avenue, to the south, to the intersection of the Lachine Canal; from there, by the Lachine Canal, to the intersection of Mill Street and the Bonaventure Autoroute; from there, by the Bonaventure Autoroute, to the Victoria Bridge; from that point, toward the St. Lawrence River, to the boundary of the city of Verdun; from there, by that boundary, to the boundary of the city of LaSalle; from there, by that boundary, to the boundary of the city of Saint-Pierre; from there, by that boundary, to the boundary of the city of Montréal-Ouest; and from there, by that boundary, to the intersection of Sainte-Anne-de-Bellevue Boulevard. 3. Peripheral zone (1) Ahuntsic-Cartierville district; (2) the part of Mercier Hochelaga-Maisonneuve district east of the north-south axis of the CN railway track east of the Montreal Protestant Homes hospital, between Sherbrooke Street and the St. Lawrence River. 4. Rivière-des-Prairies Pointe-aux-Trembles zone The Rivière-des-Prairies Pointe-aux-Trembles district , a. 1; , a. 13; , a. 11. C-11 / 6 March 8, 2000