Legal framework

The maintenance logbook, once considered and recommended as a good management practice, is now mandatory in divided co-ownership. This results from Bill 16 (2019), which incorporated article 1070.2 into the Civil Code of Québec. To govern its application, the government adopted the Regulation establishing various rules regarding divided co-ownership. Its Section I specifies the form, the mandatory minimum content, as well as the rules governing the keeping and updating of the logbook. It also sets out the conditions that must be met by the persons authorized to prepare it.

Who can establish the maintenance logbook?

According to article 1 of the regulation, only a qualified and independent professional may establish the logbook. Three cumulative conditions apply:

1. Membership in a professional order: they must be a member of one of the following orders:

   • Ordre des ingénieurs du Québec;

   •  Ordre des évaluateurs agréés du Québec (OEAQ) ;

   • Ordre des architectes du Québec ;

   • Ordre des technologues professionnels du Québec.

2. Relevant practice field: their activities must primarily concern management, construction, renovation, property evaluation, or property inspection.

3. Absolute independence: they cannot be a member of the board of directors, nor a manager, co-owner, or occupant of the building, nor the spouse of such a person. They also cannot be a shareholder, officer, director, or employee of a legal person, partnership, or trust that is a co-owner of the building, that occupies it, or that manages it.

These criteria aim to guarantee the objectivity and neutrality of the logbook so that it truly serves the collective interest.

Mandatory content of the maintenance logbook

Article 2 of the Regulation is very specific regarding the minimum content of the logbook. It must include an inventory and a description of the common portions of the building, as well as the materials, appliances, and equipment that compose them. It must also contain an inventory and a description of the materials, appliances, and equipment installed in the private portions of the building for which the syndicate is responsible for maintenance (e.g., plumbing columns or mechanical systems).

For each material, appliance, or equipment, the logbook must include:

1. The installation date, if known;
2. The required maintenance work, with the exception of the work referred to in Article 3 of the Regulation (major work and replacements covered by the contingency fund), as well as the frequency with which such work must be carried out and the date on which it was performed;
3. Routine repairs and the date on which they were carried out;
4. Contracts entered into for the performance of the maintenance work and routine repairs mentioned in paragraphs 2° or 3°, if applicable;
5. Valid warranty contracts, if applicable;
6. Reports of any inspection or expertise carried out, if applicable;
7. Manufacturer maintenance manuals, if applicable.

Prospective section of the maintenance logbook

Article 3 of the Regulation provides that the maintenance logbook must also include, in a section dedicated exclusively to this purpose, an assessment of the condition and the remaining useful life of the materials, appliances, and equipment listed in the logbook (for example: roof, boiler, elevator, electrical system).

Based on this assessment, a description of major repairs and replacements to be carried out on each of these materials, appliances, and equipment, over at least the next 25 years, must be included in the logbook. This section should therefore indicate:

1. Findings related to the wear and performance of each evaluated element;
2. The estimated remaining useful life for each of these elements;
3. Recommendations regarding foreseeable repairs, replacements, or maintenance;
4. An estimated year of execution for each major repair and replacement to be carried out;
5. The proposed schedule of interventions to be carried out, according to their degree of urgency or priority.

In addition, major repairs and replacements already carried out must be recorded in the logbook, indicating the date of the work, its cost, and the related documents (plans, specifications, contracts).

Obligation of annual updating

Article 4 of the Regulation requires the board of directors to update the logbook at least once a year. This update consists in adding any new information: work carried out, contracts signed, inspections conducted, etc.

If certain scheduled work has not been carried out, the updating of the logbook must report this and provide the reasons. This requirement ensures documented accountability, which is essential for transparency and governance.

Periodic review

Article 5 of the Regulation provides that the maintenance logbook must also be reviewed. This review may only be carried out by a person meeting the same conditions as those required for its preparation.

Review frequency:

• Every 5 years, generally;
• Every 10 years: when the building meets either of the following conditions:

  • It contains a maximum of 8 private portions (excluding accessory private portions, such as storage areas and parking spaces);

  • No common portion is located inside a building;

  • The building has no more than 3 fully above-ground floors.

This periodic review ensures that the logbook remains credible and adapted to the building’s evolution.

Declaration of the professional

The person who prepares or reviews the logbook must sign an official declaration confirming:

1. That the common portions of the building and the materials, appliances, and equipment referred to in article 2 of the regulation were examined on site by themselves or by a person under their supervision;
2. That they have reviewed the information and documents that make up the maintenance logbook.

This declaration, dated and included in the logbook, binds the professional liability of its author.

Transitional measures

The legislator has established timeframes to allow syndicates to comply with the obligations relating to the maintenance logbook:

• For already existing co-ownerships and those in which the transition meeting was held more than 30 days before the Regulation came into force (August 14, 2025): the maintenance logbook must be obtained by the board of directors no later than August 14, 2028, pursuant to Article 151 of Bill 16.
• For newly established co-ownerships: two scenarios apply:

  1. Where the extraordinary transitional meeting of a syndicate is held within the period beginning 30 days before the coming into force of the Regulation (August 14, 2025) and ending 90 days after that date, the ddeveloper has 6 months from the transition meeting to provide the logbook to the syndicate.

  2. Where the extraordinary transitional meeting is held more than 90 days after the coming into force of the Regulation, on August 14, 2025, the developer has 30 days to provide the maintenance logbook.

The legislator has also provided for a special regime governing the recognition of equivalencies for maintenance logbooks obtained by a syndicate in the two years preceding August 14, 2025, provided that they meet all the requirements of the Regulation.

WHAT YOU SHOULD KNOW! From the construction of a building, the developer must plan its maintenance so as not to postpone the performance of the various necessary works for its sustainability.

WHAT TO KEEP IN MIND: The maintenance logbook is part of the syndicate’s register provided for in article 1070 of the Civil Code of Quebec. In addition, new article 1106.1 of the Civil Code of Quebec requires the developer to deliver the maintenance logbook to the syndicate within 30 days of the extraordinary transitional meeting.

WARNING! Very often, newly elected board members are unaware of the state of their co-ownership, for example, ongoing maintenance plans, past operations, or the common portions needing replacement. Thanks to the maintenance logbook, they can ensure follow-up and have an overall vision of things.

CONSULT THE BOOK: Work in condos: Everything you need to know.

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