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 situation of the co-ownership. As such, it must include information regarding the financial situation of the syndicate, planned major works, ongoing legal proceedings, as well as any damages affecting either the common portions or the private portion concerned. It must also report any special assessment already adopted but not yet due.
The certificate is therefore intended to reflect the current reality of the co-ownership. It cannot be regarded as a mere administrative document issued periodically, without consideration for the specific moment at which it is requested by the co-owner wishing to sell their fraction. This is what is referred to as the principle of contemporaneity of the attestation.
Absence of a formal “validity period”
The Chambre des notaires du Québec, in a statement issued on September 17, 2025, emphasized that the Civil Code does not expressly establish a “validity period” for this attestation. As a result, some syndicates or managers have believed they could limit their obligation by producing a single attestation per year—often at the time of the annual meeting—and reusing it thereafter to respond to requests from co-owners or prospective buyers.
However, the Chambre des notaires du Québec reminds us that such a practice contradicts the spirit of the law. An annual attestation may contain information that has become outdated—for example, special assessments adopted by the board of directors a few months after the annual meeting of co-owners, a major loss that occurred in the meantime, or a new legal proceeding involving the syndicate.
The legislator’s intent therefore requires that each attestation issued be up to date at the time of the request and adapted to the specific context of the transaction in question.
The legislator’s intent
During the detailed study of Bill 16, which introduced article 1068.1 C.c.Q., Minister Laforest was very clear: this addition aimed to correct a situation that too often placed the buyer in a delicate position, deprived of essential information and unable to give free and informed consent.
She stated that “the certificate of the syndicate will provide any buyer with an up-to-date overview of the co-ownership, for informed consent at the time of purchase.” She emphasized the indispensable nature of this information, given the financial and personal importance represented by acquiring a property.
The Minister even noted that she drew inspiration from the Ontario model, where an “information certificate” is systematically provided before the sale. Quebec is therefore simply aligning with proven practices of transparency and buyer protection.
The Ontario experience
The statement from the Chambre des notaires du Québec also points out that in Ontario, although the law does not specify a formal validity period for this certificate, the courts have repeatedly sanctioned condominium associations that provided incomplete documents or those that failed to reflect the actual situation at the time of the sale. These decisions underscore that the information must always be contemporary and reflect the most up-to-date reality of the co-ownership.
This experience is directly transferable to Quebec: a certificate that does not faithfully reflect the current state of the co-ownership could be deemed misleading and open the door to remedies for vitiated consent.
Role of the parties and the notary
It is true that the notary executing the deed does not, in principle, have the obligation to verify whether the content of the certificate has been updated between the time of its issuance and the signing of the deed of sale. Nor does the notary have the obligation to require the seller to provide it before signing, except under specific instructions from the mortgage creditor.
However, the notary retains a duty of advice to the parties. He must draw their attention to the importance of the contemporaneity of the information contained in the certificate. Otherwise, the buyer could find himself bound by a contract without having had access to all relevant data, which could vitiate his consent.
Thus, it is the responsibility of the syndicate of co-owners to provide an up-to-date attestation within 15 days of the request, as required by law. This attestation cannot be reduced to a document produced only once a year; it must be prepared specifically for each request, within the context of a sale of a fraction of the co-ownership.
Consequences of an obsolete certificate
An outdated or expired attestation would entail significant risks. It could omit additional common expenses, urgent repair work, or substantial debts of the syndicate. A buyer who discovers after the sale that the attestation did not reflect the actual situation could invoke a defect of consent and seek cancellation of the transaction or damages.
A syndicate that knowingly issues an obsolete attestation could even incur liability toward both the buyer and the seller, given the financial and legal consequences that would result.
WHAT YOU SHOULD KNOW! The certificate on the state of the co-ownership must be provided within 15 days of a co-owner’s request. It constitutes an official document of the syndicate and engages its liability.
WHAT TO KEEP IN MIND: The certificate must always reflect the contemporary situation of the co-ownership. A document produced only once per year and then provided to all potential buyers does not meet the requirements of article 1068.1 C.c.Q.
WARNING! An outdated certificate may vitiate the buyer’s consent and give rise to legal recourse. The syndicate must ensure that the information provided is accurate and up-to-date, in order to protect both co-owners and purchasers.
