Since June 2023, Bill 31, introduced by the minister responsible for housing, France-Élaine Duranceau, has sparked heated discussions in the housing sector, exacerbated by the current crisis. Notwithstanding this controversy, the project makes significant modifications to articles 1070.2 and 1071 of the Civil Code of Quebec. It was sanctioned by the National Assembly of Quebec on February 21, 2024, marking a significant milestone in the reform of co-ownership law in the province. This legislation is expected to bring about much-needed clarity and efficiency in the administration of co-ownership in Quebec.
Strengthening the maintenance log: Article 1070.2 C.c.Q
Article 1070.2 of the Civil Code, introduced in December 2019 by Bill 16 but not yet in force, will require that co-ownership associations establish and maintain a logbook
maintenance of the building. This essential document aims to list the maintenance carried out and carried out in the building. With Bill 31, this article is amended to allow the government to define by regulation standards adapted to the specific characteristics of each building, such as the number of units, the year of construction, etc. This amendment aims to ensure that maintenance standards are relevant and appropriate for each condominium building.
Evolution of article 1071 C.c.Q: Management of the Provident Fund
Article 1071 deals with the modalities of establishing a contingency fund, essential to cover the costs of major repairs and replacement of common areas. Bill 31 modifies this article to remove the requirement for a study of the contingency fund every five years, leaving it to the government to set the frequency by regulation according to the specificities of each building. This means that factors such as the size of the building or its year of construction will now influence the frequency of contingency fund studies.
Conditions of entry into force
These legislative changes will have concrete implications for co-ownership associations. Co-ownerships established before the entry into force of bill 16, January 10th 2020, will have at the latest three years to comply, as soon as the first government regulation applying these articles comes into force. For new co-ownerships, these obligations will take effect immediately after the adoption of this regulation.
Towards more adapted management of co-ownerships
Bill 31 represents a significant step forward in the management of divided co-ownership buildings in Quebec. By allowing greater flexibility and adapting the requirements to the characteristics of each building, this bill aims to ensure more efficient and personalized management of co-ownerships, thus responding to the unique challenges that each building can present.
Yves Joli-Coeur, emeritus lawyer
Dunton Rainville
3055 Boulevard Saint-Martin O
Bureau 610
Laval, QC H7T 0J3
(450) 686-8683
[email protected]
