Co-ownership administrators in Quebec

If you're a syndicate of co-ownership administrator, you've come to the right place! We offer a variety of tools and resources to help you navigate this sea of information. What's more, we can help you understand and comply with the various regulatory requirements.

Managing a syndicate of co-ownership is a major challenge. Numerous obligations must be fulfilled.
There are currently several regulations that condominium corporations must comply with, including Bill 16, Bill 122 and Bill 141.
There are many resources and tools available to make administrators' work easier.
We are engineers specialized in Quebec condominiums. Find out more about us.

What are the obligations of directors of syndicates of co-ownership ?

Administrators of syndicates of co-ownership in Quebec have a number of important obligations to ensure efficient management that complies with the law. Here are the main obligations:

1. Compliance with laws and regulations

Administrators must comply with all applicable laws and regulations, including the Civil Code of Québec, Bylaws 16, 122 and 141, as well as the Declaration of Co-ownership. They must also comply with the building's by-laws.

2. Financial management

They must diligently manage the syndicate's finances, including preparing the budget, collecting contributions from co-owners, and managing the various funds: contingency, operating and self-insurance funds. They must also ensure that financial statements are audited annually, and that tax returns are filed.

3. Building maintenance and conservation

The administrators are responsible for the maintenance and repair of the building's common areas. This includes carrying out any work required to ensure the conservation and safe use of common areas.

4. Insurance

They must take out and maintain adequate insurance to cover building-related risks, such as fire and civil liability.

5. Communication and transparency

Administrators must keep co-owners informed of decisions made by the Board of Directors, upcoming projects and any other relevant information concerning the management of the co-ownership.

6. General Meetings

They are responsible for convening general meetings of co-owners, preparing the agenda, and ensuring that decisions taken at these meetings are carried out.

7. Respecting co-owners' rights

They must ensure that the rights of co-owners are respected, and act in the interests of all co-owners. This includes respecting privacy and managing conflicts fairly.

8. Duty of care, loyalty and honesty

Administrators must act with prudence, diligence, honesty and loyalty. They must avoid conflicts of interest and make decisions in the best interests of the syndicate of co-ownership.

9. Record keeping

They must keep the syndicate's records up to date, including minutes of meetings, financial statements, contracts, maintenance logbooks and insurance documents.

Regulations

Law 16

The contingency fund study and maintenance logbook will become mandatory when the new provisions of Law 16 come into force.

The regulations should stipulate a minimum annual contribution equivalent to 0.5% of the building's reconstruction value until the developer obtains the contingency fund study.

Studies should be valid for a period of 5 years.

To find out more about Bill 16, read our article on the impact of the coming into force of Bill 16.

Effective date

Part of Bill 16 is already in force.

We do not yet know when the provisions relating to the contingency fund study and the maintenance booklet will come into force. Administrators, managers and co-owners should have three years to comply with the new law.

Law 122

Law 122 introduced the obligation to inspect building façades and parking lots, imposing specific standards to be followed.

According to the regulations, inspections are required for buildings of five storeys or more with regard to façades, and for concrete parking decks.

Façade inspections can be carried out by an engineer or an architect, while parking lot inspections can only be carried out by engineers. In both cases, the studies are valid for a period of five years.

To find out more, please refer to our facade and parking.

Effective date

The regulations came into force in March 2013.

For more information on the various requirements, please refer to the Régie du bâtiment (RBQ) website:

Law 141

LLaw 141 on condominium insurance introduced mandatory measures to assess the reconstruction value of buildings.

Under these regulations, all condominium associations are required to carry out this assessment.

The assessment can be carried out by an accredited assessor, and is valid for five years.

For more information, please see our section on Rebuilding value.

Effective date

The regulations were adapted in June 2018 and various parts have since come into force.

To explore the various obligations, please consult the Civil Code of Quebec (C.c.Q.).

The articles on divided co-ownership range from article 1038 to 1109.

FAQ

According to article 1096 of the Civil Code of Québec, a majority of votes must be obtained, i.e. more than 50% of the votes present or represented at the meeting.
Articles 1038 to 1109 of the Civil Code of Québec make up the third chapter governing divided co-ownership.
Here are the main sections relevant to a better understanding of this legal regime:
Section I - Établissement de la copropriété divise
(Articles 1038 à 1040 C.c.Q)
Section II - Fractions de copropriété
(Articles 1041 à 1051 C.c.Q)
Section III - Déclaration de copropriété
(Articles 1052 à 1062 C.c.Q)
Section IV - Droits et obligations des copropriétaires
(Articles 1063 à 1069 C.c.Q)
Section V - Droits et obligations du syndicat
(Articles 1070 à 1083 C.c.Q)
Section VI - Conseil d’administration du syndicat
(Articles 1084 à 1086.4 C.c.Q)
Section VII - Assemblée des copropriétaires
(Articles 1087 à 1103.1 C.c.Q)
Section VIII - Perte de contrôle du promoteur sur le syndicat
(Articles 1104 à 1107 C.c.Q)
Section IX - Fin de la copropriété
(Articles 1108 à 1109 C.c.Q)
Your building's Declaration of Co-ownership contains all the specific information relating to co-ownership regulations. This document includes the rules, restrictions and obligations to which co-owners must adhere. You'll find details about pets, authorized work, use of common areas, and much more.

Do you still have questions ?

Resources and tools

Managing a condominium requires a wide range of skills. Having the right people on your side makes management easier, and provides support throughout the various obligations. We provide you with several resources and tools to simplify your work as an administrator. Don't hesitate to contact us for more information and assistance.

Do you have liability insurance ?

It is often overlooked that members of the Board of Directors are personally liable for faults committed in the performance of their duties, whether paid or unpaid. Since April 15, 2021, it has been mandatory for the syndicate to take out civil liability insurance for each member of the Board of Directors.

In addition, each co-owner must be covered by liability insurance. The minimum amount required for this insurance depends on the number of units in your building:

Buildings with 12 units or less: $1 million minimum.
Buildings with 13 units or more: $2 million minimum.

Make sure you're properly insured.

Resources

Here are some useful resources about condominium insurance:

Do you have the three types of funds required ?

Good financial management is essential to maintain the value of your assets over time. Three mandatory funds contribute to this process:

Operating fund: This fund covers current expenses, generally for less than a year. For example, it finances work such as snow removal, lawn mowing and minor maintenance costs. The administrators determine the amounts to be paid into this fund.

Contingency fund: This fund finances major repairs and replacements to common areas, such as roofing, doors and windows. A licensed professional determines the amounts to be contributed.

Self-insurance fund: This fund covers the costs associated with the highest deductible in the event of a claim. A licensed professional determines the reconstruction value for insurance purposes, which in turn determines the value of the deductible.

How to manage all these funds ?

To simplify your financial management, you can avoid opening several separate bank accounts by opting for reserves in the statement of net assets. This allows you to allocate a portion of your accumulated surplus to the operating fund for a future project. CPA Aline Desormeaux explains this well in her article on Condo Légal.

Resources

Here are a few useful resources on the various condominium funds:

What is a condominium register ?

A co-ownership register is a set of essential documents for the management and administration of a co-ownership. These documents are necessary to allow the co-ownership syndicate to fulfill its mission. The board of directors ensures that they are preserved and accessible to all co-owners. Here are the documents that should be found in a co-ownership register, according to the RGCQ:

The declaration of co-ownership: This founding document establishes the operating rules of the co-ownership.
The register of co-owners and tenants: It contains the name and address of each co-owner and tenant.
The minutes of the general meetings and meetings of the board of directors: These documents report on the decisions made at these meetings.
The plans and specifications of the constructed building: They provide technical details on the construction of the building.
A copy of the cadastral plan: This document describes the division of the lots of the co-ownership.
Contracts to which the syndicate is bound: These include all contracts signed by the syndicate, such as service contracts, maintenance contracts and guarantees.
Financial statements: These present the financial situation of the co-ownership.
Description of the private areas: This must be sufficiently precise to identify the improvements made by the co-owners (reference unit).
Contingency fund study: This document assesses future financing needs for major repairs and replacements.
Maintenance logbook: It details the maintenance operations carried out and planned.
All other documents relating to the building and the syndicate: This may include various documents relevant to the management of the co-ownership.

These documents ensure transparency and good management of the co-ownership, thus facilitating communication and decision-making within the community of co-owners.

Resources

Here are some useful resources regarding the different condominium funds:

Do you know the maintenance tasks for your condominium ?

In co-ownership, many recurring maintenance tasks must be carried out to ensure the proper aging of the building. To ensure the monitoring of these tasks and avoid any oversights, it is crucial to set up a maintenance logbook including an annual calendar.

To help administrators and provide an overview of the tasks to be carried out, we have developed a free maintenance logbook, downloadable directly on the right-hand page and easy to use. This guide helps you carry out the various common tasks to maintain the good condition of your building.

This free spreadsheet is a valuable tool, but it does not replace the development of a complete asset management plan specific to your building, in accordance with the requirements of Law 16.

Contact us so that our engineers can carry out your various studies, such as the contingency fund and the maintenance logbook, in accordance with the recommendations of Law 16.

Who can perform the different tasks ?

We can! If you have a maintenance logbook but you are not equipped to perform the recommended checks, we offer a turnkey service. We perform the recommended checks, then present our observations and recommendations in a report, ready to be filed in your register. In addition, we support you in your requests for quotes and the choice of contractors, if necessary. To find out more, contact us.

What is the best way to manage my documents ?

A condominium association has a multitude of photos, reports, plans, studies, etc. To ensure efficient management of these documents, it is essential to keep them in an organized manner as soon as possible in order to file them and find them easily. Here are two methods:

Using general tools like Microsoft Office or Google:
- Advantages: This approach is often inexpensive or even free with Google, which is an important criterion in co-ownership. In addition, these tools are widely used, easy to use and versatile, which facilitates their adoption by all co-owners and monitoring.
- Disadvantages: They are not specifically tailored to condominiums, which will require integration and configuration.
- We recommend this solution to administrators.
Use of IT tools designed and adapted to co-ownerships:
- Advantages: These tools are specially designed to meet the needs of condominium syndicates, often called co-ownership.
- Disadvantages: Costs are generally higher and more time is required to fully understand and master the tools.
- We recommend this solution to managers.

Resources

Do you know about associations and other resources ?

A co-ownership requires the services of several experts, so don't try to manage everything alone at the risk of your mental health! You will find in the right-hand tab a list of resources and tools that we invite you to explore, and to contact directly to deepen your knowledge and obtain help.

These resources also offer numerous training courses to deepen your knowledge in the field of co-ownership.

In addition, it is possible to delegate the management of your co-ownership or to work with consultants who can help the administrators fulfill their various tasks. You can call on their services only in the event of specific needs, without necessarily abandoning the complete management of your co-ownership.

It is strongly recommended to seek out a lawyer and an accountant specialized in co-ownership. Their expertise will be extremely useful.

Ressources

ASCQ

RGCQ

Condolegal

Chambre de l’assurance de dommages

LACOPROPRIÉTÉ.INFO

Chambre des notaires du Québec

Gouvernement du Québec

LégisQuébec

Do you need support ?

WHY ENTRUST US WITH THE IMPLEMENTATION OF YOUR DIFFERENT STUDIES

Our studies are aligned with the requirements of the various laws and the recommendations of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ). This ensures uniformity and a high level of standard.