54.14. The council of a municipality in whose territory a by-law respecting exceptions to the prohibition from converting immovables to divided co-ownership or a by-law providing that such a conversion shall be subject to authorization by the council is in force shall grant the exception or authorization, as the case may be, if it is satisfied of the advisability thereof, taking account in particular of
(1) the vacancy rate in rental dwellings;
(2) the availability of comparable dwellings;
(3) the housing needs of certain categories of persons;
(4) the physical characteristics of the immovable;
(5) the fact that the immovable was built, purchased, restored or renovated within the scope of a municipal housing-assistance program, where such is the case.
The council of Ville de Montréal may, by by-law, delegate to a committee composed, for that purpose, of at least five councillors appointed by the council, the power to grant exceptions to the prohibition from converting immovables to divided co-ownership.
Not less than one month before the sitting at which the council or committee is to rule on the application for the exception or authorization, the clerk or the clerk-treasurer of the municipality shall, at the applicant’s expense, publish a notice in accordance with the Act governing the municipality. The notice must indicate the date, time and place of the sitting of the council or committee and the nature of the application; it must designate the immovable by means of the name of the thoroughfare and the number of the immovable or, failing that, the cadastral number; it must indicate that any interested party may be heard by the council or the committee with respect to the application.
In the case of municipalities other than Ville de Montréal or Ville de Québec, the council shall render its decision after receiving the opinion of the planning advisory committee, where such is the case.
A copy of the resolution whereby the council renders its decision must be sent to the applicant.
For the purposes of this subdivision, the decision of the committee is in lieu of the resolution of the council.
1987, c. 77, s. 2; 1996, c. 2, s. 856; 2021, c. 312021, c. 31, s. 1321.