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THE CONDO GUIDE

Law 16: understand
your co-ownership.

Buying a condo? The condition inside your unit is only part of the decision. The building’s planned work and finances matter too.

Inspections Pro-spections · Checked October 2, 2026

This guide covers the divided co-ownership part of Law 16. The regulation effective August 14, 2025 sets out syndicates’ obligations, following Laws 16 and 31. Québec government (French) ↗

THREE DOCUMENTS, THREE QUESTIONS

Three documents that explain the building’s situation.

01

The maintenance log

It records the building’s maintenance needs, condition and completed work, with major repairs and replacements planned over at least 25 years.

02

The contingency fund study

Using the log, it estimates common-area capital costs and recommends the amounts to hold in the fund and contribute each year.

03

The syndicate’s attestation

For a sale, this document summarizes matters including finances, insurance, damage, work and litigation. The seller provides it to the prospective buyer.

Regulation, sections 2, 3, 8 and 10 (French) ↗ · OACIQ: sale attestation (French) ↗

DATES THAT MATTER

Different obligations have different deadlines.

15 days
The syndicate must give the seller the attestation within 15 days of the seller’s request. This requirement does not wait until 2028. OACIQ (French) ↗
August 15, 2028
The general deadline for the first log and study for existing co-ownerships covered by the transitional rules. New developments and certain earlier documents have specific rules. SHQ guide, pages 8 and 25–27 (French) ↗
Ongoing upkeep
The board updates the log at least annually. Professional review is required at least every 5 years, or 10 years for eligible buildings. A new fund study is still required at least every 5 years. Regulation, sections 4, 5 and 8 (French) ↗

A study that is not yet available during an applicable transition period does not, by itself, prove non-compliance. Ask when it will be ready and which records are available now.

BEFORE BUYING

Ask questions that affect your budget.

  1. Get the records. Request the attestation, declaration of co-ownership, meeting minutes, financial statements, budget, and available log and study.
  2. Compare work with reserves. What work is planned? How will it be paid for? Are special assessments being considered?
  3. Clarify the answers. Discuss missing records and your offer’s deadlines with your broker or notary.
  4. Have the unit inspected. A ceiling stain and a roof replacement that needs funding raise different questions. Both deserve attention.

OACIQ: preparing to buy a condo (French) ↗

Two common questions.

Are small co-ownerships exempt?

No. All divided co-ownership syndicates are covered. A 10-year log review interval can apply with no more than 8 main private portions, no common portion inside a building, or no more than 3 storeys entirely above ground. Meeting one criterion is sufficient. Québec government (French) ↗

Who can prepare the official documents?

The log requires an engineer, architect, chartered appraiser or professional technologist meeting the regulation’s practice and independence conditions. An eligible CPA can also prepare the fund study. Being a home inspector alone is insufficient. Regulation, sections 1 and 7 (French) ↗

WITH TOM EVANS

Understand the visible condition of your unit.

Tom inspects the visible, accessible components covered by the agreement and explains his findings in the report. His condo packages do not include the statutory maintenance log, contingency fund study or syndicate attestation.

The personal maintenance guide supplied with certain packages is for your own upkeep. It does not replace the co-ownership’s official log.

General information. Your notary can explain how the rules apply to your co-ownership and transaction.