Condo owners: do you know the new rules?

On August 14, 2025, the Regulation establishing various rules concerning divided co-ownership came into effect. Its purpose is to better regulate the management of this type of property in order to protect the numerous owners of divided co-ownership (“condo”) in Québec. These new rules ensure more responsible management of co-ownership properties, thereby offering greater protection to co-owners against financial risks related to their property.

Since that date, the seller of a divided co-ownership unit, commonly called a “condo,” must provide the buyer with a certificate from the co-owners’ syndicate (co-owners’ association) regarding the state of the property. This certificate gives the buyer relevant information about the building’s condition and financial situation—for example, the amounts in the contingency fund, contributions to common charges, the syndicate’s available liquidity for current expenses, insurance coverage, and important recent decisions.

In addition, syndicates of co-owners must now maintain a maintenance log, which must be prepared by professionals and kept up to date. This log will include an inventory and description of the common and private portions of the immovable (building/property) and the materials, apparatus and equipment that compose these portions. It will also provide an assessment of their condition and remaining useful life. Based on these assessments, the log must plan for replacements and major repairs to be carried out during the next 25 years and indicate the projected year of completion. When these replacements and repairs are done, the date of completion and costs must be recorded, along with contracts, plans, and specifications.

A contingency fund study is now mandatory every five (5) years, except in cases provided by law where this period will be 10 years. This will allow for better cost planning and adjustment of contributions based on the immovable’s actual needs.

As for advances for the purchase of a new unit, they must now be paid into the trust account of an authorized professional to protect these funds.

This article was written in collaboration with Mtre Sarah-Maude Le Corre, notary and partner at Blanchard Lupien notaires S.E.N.C.R.L.