Document issued by a syndicate of co-owners at the request of an owner wishing to sell their fraction. Its form and content are determined by government regulation, and it must be provided in due time to the promisor (the prospective buyer). For this purpose, the syndicate has a period of 15 days to deliver the certificate to the co-owner who makes the request. This document provides an overview of the financial, material, and legal situation of the co-ownership, including in particular the state of the reserve fund, major repairs made to the common portions, as well as ongoing litigation involving the syndicate.
WHAT YOU SHOULD KNOW! Article 1068.1 was introduced into the Civil Code of Quebec in December 2019. It requires the seller of a unit to provide the prospective buyer with a certificate from the syndicate regarding the condition of the co-ownership. This article came into force on August 14, 2025.
WARNING!
The certificate attesting to the condition of the immovable held in co-ownership must be provided within 15 days following a co-owner’s request. It must reflect the situation as of the date of the request, and not be a document produced once a year.
23/10/2025
Since August 14, 2025, transactions in co-ownership have been disrupted by a major reform of the Civil Code of Quebec. From now on, any co-owner who sells his unit must obtain from the syndicate a certificate on the condition of the co-ownership, which the buyer will receive before the conclusion…...
14/10/2025
Real estate brokerage is a regulated activity in Quebec, due to the importance of public protection and the trust that professionals in this field must inspire. A real estate broker may perform their duties independently or within an agency, but remains at all times subject to the provisions of the…...
11/10/2025
I am a member of the board of directors, and a co-owner has asked me to provide, as part of the sale of his unit, the certificate on the state of the co-ownership. This co-owner wishes for this document to be provided in English so that it can be more…...
03/10/2025
The certificate attesting to the condition of the immovable held in co-ownership, provided for in article 1068.1 of the Civil Code of Quebec, constitutes a key document in any sale process of a unit. Its purpose is to reflect, at a given moment, a faithful and complete representation of the…...
26/09/2025
On September 17, the Chambre des notaires du Québec (CNQ) issued a communiqué to its members concerning the application of article 1068.1 of the Civil Code of Québec, relating to the Certificate attesting to the condition of the immovable held in co-ownership (ASEC). The CNQ specified that, even though the…...
22/09/2025
The contingency fund, governed by article 1071 of the Civil Code of Quebec, is established based on the estimated cost of major repairs and replacement of the common portions. Much more than a financial reserve, it embodies a form of solidarity between current and future co-owners, in order to preserve…...
22/09/2025
The contingency fund, governed by article 1071 of the Civil Code of Quebec, is established based on the estimated cost of major repairs and replacement of the common portions. The Regulation establishing various rules regarding divided co-ownership, effective since August 14, 2025, sets out the modalities of the contingency fund…...
17/09/2025
Le mercredi 17 septembre 2025, la webradio Condolegal abordait un sujet essentiel pour tous les copropriétaires et administrateurs : le modèle d’attestation sur l’état de la copropriété (ASEC) publié par le RGCQ. Cette émission fut animée par Valéry Couture, gestionnaire chevronnée et PDG de Condo Stratégis, accompagnée de Me Yves Joli-Cœur, avocat…...
17/09/2025
Le mercredi 17 septembre 2025, la webradio Condolegal abordait un sujet essentiel pour tous les copropriétaires et administrateurs : le modèle d’attestation sur l’état de la copropriété (ASEC) publié par le RGCQ. Cette émission fut animée par Valéry Couture, gestionnaire chevronnée et PDG de Condo Stratégis, accompagnée de Me Yves Joli-Cœur, avocat…...
14/09/2025
Good governance of a co-ownership syndicate requires much more than occasional monitoring of repairs and maintenance. It requires proactive management, based on a strategic, comprehensive, sustainable, and preventive vision, aimed at conserving the building and planning work in an orderly fashion in the short, medium, and long term. In this…...
13/09/2025
On September 12, 2025, the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ) made public its model certificate of the syndicate on the state of the co-ownership (ASEC). This initiative is directly linked to the implementation of Bill 16, adopted in 2019 and considered the most significant reform regarding divided…...
05/09/2025
Since the entry into force of the regulation implementing Bill 16, syndicates and co-owners must comply with new obligations: mandatory maintenance logbook, contingency fund study, and certificate on the state of the co-ownership. These new rules, aimed at strengthening transparency and the sustainability of buildings, profoundly transform the management of…...
04/09/2025
The direct impact on insurance: prevention is now essential With the recent introduction of the regulations of Law 16, prevention has been strengthened. Insurers no longer consider only claims history, but also the proactive measures taken by syndicates in terms of risk management. For example, a building equipped with water…...
24/08/2025
The real estate broker plays a central role in a divided co-ownership transaction. Acting as an intermediary between the parties, the broker must not only assist their client in the sale or purchase process but also ensure that the information provided is reliable and complete. Their responsibility has taken on…...
23/08/2025
The Certificate attesting to the condition of the immovable held in co-ownership is no longer a simple practical tool. It is now a mandatory and enforceable legal document, with its minimum content set by government regulation (art. 10). The choice of the word “minimally” is revealing: it establishes a baseline threshold,…...
17/08/2025
The certificate on the status of the co-ownership is an essential legal and practical document in the context of a real estate transaction involving a divided co-ownership. Its purpose is to provide the prospective buyer with a faithful and comprehensive picture of the financial, legal, and administrative situation of the…...
17/08/2025
When a co-owner sells their fraction (e.g., their apartment), they must provide the prospective buyer, in due time, with a certificate attesting to the condition of the immovable held in co-ownership. Prepared by the syndicate of co-owners, this document provides essential information not only about the building itself but also…...
17/08/2025
The coming into force of articles 1068.1 and 1068.2 of the Civil Code of Québec marked a decisive step in co-ownership law. Whereas previously information circulated through the DRCOP form (Request for Information from the Syndicate of Co-owners) or the notary’s questionnaire, the legislator now entrusts the syndicate of co-owners with…...
13/08/2025
As of August 14, 2025, a new regulation implementing Bill 16 (adopted in 2019, supplemented in 2024 by Bill 31) will come into effect, strictly regulating divided co-ownerships. It introduces three major requirements: the maintenance log, the study of the contingency fund, and the syndicate's certification. These tools strengthen transparency,…...
01/08/2025
Following the entry into force, on August 14, 2025, of the Regulation establishing various rules regarding divided co-ownership — which notably governs the certificate of the state of the co-ownership — certain practical questions remain. One of them concerns the timing at which the syndicate is required to provide this…...
30/07/2025
On July 30, 2025, the Government of Québec published a regulation in the Gazette officielle du Québec, implementing major provisions stemming from Bills 16 and 31. This regulation imposes new obligations on syndicates of co-owners, notably regarding transparency, financial management, and building maintenance. The new regulation provides a framework and clarifies…...
27/07/2025
I am about to sell my apartment located in a divided co-ownership. As the seller, I am aware that I have certain disclosure obligations to the real estate broker, the buyer whose offer I will have accepted, as well as the notary responsible for drafting the deed of sale. I…...
22/07/2025
During the sale of an apartment, it is our responsibility, as directors, to complete and transmit various documents to the notaries and brokers involved. This responsibility falls within the role of the syndicate, which is tasked with providing relevant information on the building and the co-ownership. The objective is to…...
21/07/2025
As buying a property is the biggest financial investment that many people will make, they need to be well informed when making such a major decision. For the buyer to be sure that they are making the right choice, it's essential that they have certain information about the co-ownership at…...
13/01/2025
On January 13, 2025, Me Yves Joli-Cœur, Emeritus lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), was a guest on Frédéric Bisson’s show on 104.7 FM Outaouais, a station in the Cogeco group, to discuss the major consequences of Bill 16 on co-ownership management in Quebec.…...
13/01/2025
In a context where co-ownership in Quebec is facing major challenges in terms of transparency and financing of maintenance work, Me Yves Joli-Cœur, distinguished lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), was recently highlighted in an article in the newspaper La Presse written by…...
17/09/2024
When you buy a unit in divided co-ownership, you do not only acquire an apartment. You also join a group of co-owners responsible for the accounts to be paid to maintain and preserve the building. It is therefore important to be careful and to check, upstream, the financial statements and…...
11/09/2024
Le jeudi 12 septembre 2024 de 19h00 à 21h00, nous étions réunis pour une émission spéciale de webradio dédiée aux nouvelles obligations légales pour les syndicats de copropriétaires. Cette émission a enregistré une audience record ! Mercredi 11 septembre 2024, le Gouvernement du Québec a publié, dans la Gazette officielle du Québec,…...
20/02/2024
The contract for services must clearly outline the condo manager's remuneration regarding the day-to-day management services provided for the co-ownership (condominium); this management includes the usual acts that are generally part of the base package but the manager can also request additional fees for extra rendered services. ...