Montreal, February 20, 2025 – Adopted by the National Assembly in 2019 and partially in effect since 2020, Bill 16laid the foundation for a major reform of divided co-ownership in Quebec. However, some of its key provisions were still awaiting an implementing regulation to come fully into force. That wait is now coming to an end: the government is preparing to officially file the regulation, which will notably govern the co-ownership condition certificate as well as the obligation for syndicates to conduct a contingency fund study and maintain a maintenance log.
A highly anticipated regulation to clarify new obligations
This regulation, which is set to be adopted imminently, aims to enhance transparency and enforce stricter management of co-ownerships. The co-ownership condition certificate, soon to become a mandatory requirement for unit sales, will provide prospective buyers with clear and precise information about the financial health and physical condition of the building.
Furthermore, the contingency fund study and the maintenance log, now mandatory for all syndicates of co-owners, address a major issue: chronic underfunding in many buildings. This regulation promotes a proactive management approach, ensuring that co-owners implement proper financial planning for the maintenance and replacement of common areas.
A matter of transparency and protection for co-owners
Me Yves Joli-Cœur, distinguished lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), underscores the critical importance of this regulation:
"The lack of planning and insufficient funds have often led to dire situations where co-owners suddenly face special assessments of tens of thousands of dollars. The implementation of this regulation represents a crucial step toward ensuring the sustainability of buildings and protecting co-owners."
This reform has generated significant media interest, with several major publications covering its impact. Me Joli-Cœur was recently interviewed by La Presse, where he detailed the concrete changes brought by this regulation:
A major step forward for co-ownership in Quebec
With the upcoming enforcement of this regulation, Bill 16 will finally take full effect, consolidating a modernized legal framework that better aligns with the realities of the real estate market. While this reform imposes greater responsibilities on co-ownership syndicates and administrators, it ultimately represents a critical step in preserving built heritage and protecting co-owners.
