OBLIGATIONS AND RULES
of co-ownership in Quebec
This section allows administrators to better understand the obligations and regulations applicable to co-ownership associations.
What are the obligations of the administrators of the co-ownership associations?
The directors of co-ownership associations in Quebec have several important obligations in order to guarantee effective management in accordance with the law. The main obligations are as follows:
1. Compliance with laws and regulations
The directors must comply with the laws and regulations in force, in particular the Civil Code of Québec, laws 16, 122 and 141, as well as the declaration of co-ownership. They must also respect the building regulations.
2. Financial management
They must manage the syndicate's finances diligently, which includes preparing the budget, collecting contributions from co-owners, and managing the various funds: contingency, operating and self-insurance funds. They must also ensure that the financial statements are audited annually and that tax returns are filed.
3. Maintenance and upkeep of the building
The directors are responsible for the maintenance and repair of the common areas of the building. This includes carrying out the work necessary to ensure the conservation and safe use of the common areas.
4. Insurance
They must take out and maintain adequate insurance to cover the risks associated with the building, such as fire and civil liability insurance.
5. Communication and transparency
The administrators must keep the co-owners informed of the decisions taken by the board of directors, of any upcoming work, and of any other relevant information concerning the management of the co-ownership.
6. General meetings
They are responsible for convening the general meetings of the co-owners, preparing the agenda, and ensuring that the decisions taken during these meetings are carried out.
7. Respect for the rights of the co-owners
They must ensure that the rights of the co-owners are respected and act in the interest of all the co-owners. This includes respect for privacy and fair management of conflicts.
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 condominium association.
9. Keeping records
They must keep the association's records up to date, including minutes of meetings, financial statements, contracts, maintenance log and insurance documents.
Rules
Law 16
The contingency fund study and maintenance log will become compulsory once the new provisions of Law 16 come into force.
The regulations should stipulate a minimum annual contribution equivalent to 0.5% of the reconstruction value of the building until the developer obtains the contingency fund study.
The studies should have a period of validity of 5 years.
To find out more about Law 16, read our article on the impact of the entry into force of Law 16.
Date of entry into force
Part of bill 16 is already in force.
We do not yet know the date on which the provisions relating to the study of the contingency fund and the maintenance log 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 the facades and parking lots of buildings, imposing specific standards to be followed.
According to the regulations, inspections are required for buildings with five or more floors for facades, and for concrete-paved parking lots.
The inspection of the façades can be carried out by an engineer or an architect, while for the parking lots, only engineers are authorized to carry out this task. In both cases, the period of validity of the studies is five years.
Date of entry into force
The regulation came into force in March 2013.
To find out more about the various requirements, please refer to the Régie du bâtiment du Québec (RBQ) website:
Law 141
Act 141, which focuses on insurance for divided co-ownership, introduced mandatory measures for assessing the reconstruction value of buildings.
In accordance with these regulations, all syndicates of co-owners are required to carry out this assessment.
The assessment can be carried out by an approved appraiser, and is valid for five years.
For more information, please consult our section on the reconstruction value.
Date of entry into force
The regulations were amended in June 2018 and various parts have since entered into force.
To explore the various obligations, please consult the Civil Code of Québec (C.C.Q.).
The articles relating to divided co-ownership range from article 1038 to 1109.
SPECIALIZATION
IN SMALL CO-OWNERSHIPS
We work a lot with small condominiums.
We help administrators implement best practices in property management and administration. We offer them coaching at competitive rates.
Among other things, we offer group rates for identical buildings located in the same neighborhood.
FREQUENTLY ASKED QUESTIONS
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According to Article 1096 of the Civil Code of Québec, a majority vote is required, i.e., more than 50% of the votes of those present or represented at the meeting.
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Articles 1038 to 1109 of the Civil Code of Québec make up Chapter Three, which governs divided co-ownership.
Here are the main sections that are relevant to a better understanding of this legal regime:
Section I - Establishment of divided co-ownership
(Articles 1038 to 1040 C.c.Q)
Section II - Fractional co-ownership
(Articles 1041 to 1051 C.c.Q)
Section III - Declaration of co-ownership
(Articles 1052 to 1062 C.c.Q)
Section IV - Rights and obligations of co-owners
(Articles 1063 to 1069 C.c.Q)
Section V - Rights and obligations of the syndicate
(Articles 1070 to 1083 C.c.Q)
Section VI - Board of directors of the syndicate
(Articles 1084 to 1086.4 C.c.Q)
Section VII - General meeting of co-owners
(Articles 1087 to 1103.1 C.c.Q)
Section VIII - Loss of control of the syndicate by the developer
(Articles 1104 to 1107 C.c.Q)
Section IX - Termination of co-ownership
(Articles 1108 to 1109 C.c.Q)
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The declaration of co-ownership of your building brings together all the specific information relating to the regulations of the co-ownership. This document includes the rules, restrictions and obligations with which the co-owners must comply. You will find details regarding pets, authorized work, the use of common areas, and much more.
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