Before buying a condo, look beyond the asking price and monthly condo fees. A roof that needs replacing, an underfunded contingency fund or a high insurance deductible can change the true cost of your purchase. When selling, a well-prepared co-ownership file helps answer buyers’ questions and reduces delays caused by missing documents.
Laws 16 and 141 have changed the rules governing the management and insurance of divided co-ownership properties in Quebec. The regulation that came into force on August 14, 2025 sets out requirements for maintenance logs, contingency fund studies and syndicate certificates. These obligations do not all have the same deadline.
Three key points to remember
| Document or Information | What It Tells You | What to Check |
|---|---|---|
| Syndicate Certificate | The financial position, insurance coverage, losses, repairs and litigation. | Its date, signature and required information. |
| Maintenance Log | The condition of building components, maintenance requirements and planned repairs. | Updates, professional reviews and deferred work. |
| Contingency Fund Study | The future cost of major repairs and replacements. | The difference between available funds and the study’s recommendations. |
| Insurance and Reference Unit | Coverage, deductibles and the distinction between standard features and improvements. | The syndicate’s policies, its self-insurance fund and your personal coverage. |
The seller must provide the prospective buyer, in due time, with a certificate from the syndicate attesting to the condition of the co-ownership. The syndicate has 15 days following the co-owner’s request to deliver it. This period does not start when a promise to purchase is signed.
The certificate presents the available funds and liquid assets, the budget, contributions and financial results for the previous three years, insurance coverage and the highest deductible. It also summarizes inspections, losses and work completed over the previous five years, work planned over the next ten years, ongoing court proceedings and amendments to the declaration of co-ownership over the previous three years.
The certificate must be dated and signed by an authorized person. It does not replace the other documents you should examine, such as meeting minutes, the declaration of co-ownership, financial statements and relevant reports. The obligation under article 1068.1 applies from the appointment of a new board of directors after the developer loses control of the syndicate.
The maintenance log records the components for which the syndicate is responsible, their maintenance requirements and completed work. It also includes a plan for major repairs and replacements covering at least 25 years.
There are two separate processes:
A ten-year review interval is allowed when the property meets at least one of the following conditions:
The log must be prepared and reviewed by a qualified professional: an engineer, chartered appraiser, architect or professional technologist who meets the practice and independence requirements set out in the regulation.
A contingency fund study translates anticipated work into financial recommendations. It helps determine how much should be accumulated and the annual contributions needed. A study must be obtained at least every five years, even when the maintenance log qualifies for a ten-year review interval.
Professionals qualified to prepare the maintenance log may carry out the study. Chartered professional accountants may also do so, subject to the applicable requirements. A sound study improves planning, but does not guarantee that special assessments will never be needed.
If the study identifies insufficient funding, contributions must be adjusted. The rules allow a maximum of ten years to make up the shortfall. For a buyer, the key is to compare the current balance, upcoming work and recommended contributions, rather than judging the co-ownership solely by its monthly fees.
The regulation came into force on August 14, 2025. The transitional provisions generally give the existing syndicates covered by them three years and one day, until August 15, 2028, to obtain their first maintenance log and contingency fund study. Properties still controlled by the developer or recently transferred to the co-owners are subject to specific rules.
Certain documents obtained during the two years before the regulation came into force may be recognized if their preparer met the required conditions. Their validity is calculated from the date they were obtained: five years for the study; five years for the maintenance log, or ten years where the property qualifies.
The 2028 deadline does not postpone every obligation. The certificate required when selling and the insurance rules already in force must be respected without waiting until that date.
The reform introduced through Law 141, adopted in 2018, changed co-ownership insurance rules. Its provisions took effect gradually; the rules governing minimum contributions to the self-insurance fund have applied since April 15, 2022.
This fund is used, among other things, to pay insurance deductibles and certain damage to property in which the syndicate has an insurable interest. Unlike the contingency fund, it is not intended to finance planned major repairs.
Its funding depends on the deductibles and the needs it is intended to cover. The minimum contribution is calculated annually under section 2 of the regulation on divided co-ownership insurance. The calculation includes exclusions and specific provisions: the fund is not set at $1 million or $2 million based on the number of condos.
Every co-owner must carry insurance covering their liability towards third parties. The regulatory minimum is:
These are regulatory minimums, not a personalized recommendation about the amount of insurance you need. Your insurer can help you choose appropriate coverage.
The co-ownership register must contain a description of the private portions detailed enough to identify improvements made by co-owners. Often called the reference unit, this description helps distinguish what falls under the syndicate’s insurance from what should be covered by the co-owner’s personal insurance. One description may apply to several units with the same characteristics.
No. The transitional deadline gives syndicates time to arrange for the documents, but waiting leaves less time to understand the recommendations and adjust the budget. Obligations already in force still apply.
No. Some qualify for a ten-year maintenance log review interval, but this does not remove the annual updating requirement or the obligation to obtain a contingency fund study at least every five years.
No. A clear file helps buyers assess risks, but the price also depends on the location, the condo’s condition and features, and the market. Compliance does not replace a valuation analysis or an appropriate inspection.
Complying with Laws 16 and 141 is more than just ticking legal boxes—it’s about protecting your property and your peace of mind. Questions? Refer to the links above or get in touch with us—we’re here to help.
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