What are the impacts of Law 16 coming into force?
See our latest article on Bill 16 for the latest updates!
Very recently, the legislative framework for condominium management in Quebec has undergone major changes. Industry standards have been developed in addition to the adoption of Bill 16. In the field of condominiums, many people talk about Bill 16 (Borée professional services included!); Has the law come into force? What does it talk about? What will the impacts be on my condominium? These are all good questions that we will try to answer in this article!
Has Law 16 come into force?
Yes and no! Part of Bill 16 has already been in effect since January 10, 2020. However, with regard to reserve fund studies and the maintenance logbook, these provisions have not yet come into force. Although the law was adopted by the National Assembly on December 5, 2019 and assented to on December 11 of the same year, these measures are not yet applicable. The Government of Quebec is expected to issue a regulation during the current year. Once these measures are in place, condominium syndicates will have a maximum period of 3 years to comply with the new regulations. For example, if the regulation is adopted in 2024, the board of directors or the developer will have until 2027 to comply.
What is she talking about?
This law, introduced with the aim of preserving, improving and protecting divided co-ownerships, responds to a growing need in the face of the increase in this type of housing and the aging of Quebec's real estate portfolio. Expertise such as the reserve fund study, the maintenance logbook and the building condition certificate carried out by professionals are essential to ensure the sustainability and enhancement of real estate assets. However, Bill 16 only requires the development of two of these expertises of the asset management plan, namely the reserve fund study and the maintenance logbook.
Still according to the requirements of Act 16, the indicated expertise, namely the reserve fund study and the maintenance logbook, must be updated every five years. This five-yearly review makes it possible to take into account changes to the building. However, the government recently opened the door to changes by indicating in its Bill 31 that the standards provided for in the regulation may vary depending on the characteristics of the building. We are still waiting to know how often these expertises must be obtained.
More concretely, as a co-owner, special contributions are rarely good news and by having good management of the costs to be anticipated, special contributions are known in advance or avoided!
What will be the impacts on my co-ownership?
The biggest impact is that this law will force condominiums to comply with the law. It will therefore be the responsibility of managers or administrators to ensure that buildings have a reserve fund and a maintenance logbook updated according to the frequency established by the regulation.
In conclusion, several major changes are underway, the date of entry into force of Bill 16 is not known, but is unlikely to be long. If you still have questions after reading our article, write to us! We are available to help you comply and navigate this new context.
To follow developments directly on the website of the Ministry of Municipal Affairs and Housing: https://www.mamh.gouv.qc.ca/habitation/copropriete-divise/
Discover our services
Reserve fund study
Our engineers assess your financial reserves for major repairs and replacements of the common areas of your co-ownership, in compliance with law 16.
Maintenance logbook
Our engineers will draw up your detailed schedule which lists the information necessary for the maintenance of the common areas of your co-ownership, in compliance with law 16.
Asset management plan
Our engineers carefully assess the current condition of your components in order to provide you with a comprehensive technical analysis report, thus completing your asset management plan.
