Articles 1070, 1070.1 and 1070.1.1 C.C.Q., What every co-owner and prospective buyer should know.
Are you a co-owner in Quebec? The syndicate's records are not just a simple filing cabinet — they are a fundamental legal tool that belongs to you collectively. They contain all relevant information relating to the administration, finances, maintenance, and decisions made by the syndicate.
Language requirement (art. 1070.1.1 C.C.Q.). The syndicate's registers must be kept in French. This obligation applies regardless of the preferred language of the co-owners or the syndicate.
To comply with the law, the syndicate must maintain a minimum set of administrative files in order to demonstrate the quality of its management to all current and future co-owners. The main elements that must be included in the registers under article 1070 C.C.Q. are as follows:
THE CONTENTS OF THE REGISTERS
The register of co-owners, tenants, and occupants
This register contains the names and mailing addresses of each of the co-owners, tenants, and occupants.
Minutes of board of directors meetings
This document records the decisions of the directors. All written resolutions are also included. The minutes must faithfully reflect the deliberations and decisions of the board, including any vote on matters relating to the management of the co-ownership, expenses incurred, or work to be carried out on the common portions.
Financial statements
The syndicate must have yearly financial statements available to co-owners: balance sheet, income statement, and statement of debts and receivables. A co-owner should be able to understand the yearly financial situation of the syndicate, including how the amounts from the various funds have been used: contingency fund, self-insurance fund, and operating fund.
Insurance policies
The syndicate must keep in its registers copies of all insurance policies it holds. This includes the building insurance policy, the directors' and officers' liability insurance policy, and the claims history.
The maintenance logbook and contingency fund study
Pursuant to Bill 16 and the Regulation establishing various rules respecting divided co-ownership (O.C. 991-2025), the maintenance logbook must be included in the registers (art. 1070 C.C.Q.). It includes the inventory and description of common portions, the required maintenance work, an assessment of the condition and remaining useful life of components, and all major repairs to be carried out over the next 25 years with their estimated completion dates. The contingency fund study, produced by a qualified professional, must also be included.
The declaration of co-ownership
The registers must include a copy of the declaration of co-ownership: the constituting act, the building by-law, and the description of fractions. Each co-owner normally receives a copy upon acquisition, but the syndicate must keep a copy for consultation purposes. Subsequent by-laws adopted by the syndicate must also be included.
Copies of contracts to which the syndicate is a party
The syndicate must keep copies of all contracts signed with contractors or companies with which it does business: construction and renovation contracts, insurance contracts, and contracts with any other service provider.
Documents relating to the building
The syndicate must also keep the following information about the building:
- A copy of the cadastral plan
- The certificate of location (if existing)
- Building plans and specifications
- A list of improvements made to common portions (if any)
HOW TO ACCESS THE REGISTERS?
All co-owners have the right to consult the registers and, upon payment of reasonable fees, to obtain copies (art. 1070.1 C.C.Q.). Consultations should generally take place in the presence of a director or a designated person, at a reasonable hour.
Keeping registers ≠ spontaneously communicating them. The syndicate is required to maintain its registers, but the co-owner must make a request to access them. However, the syndicate cannot refuse access arbitrarily or abusively — an unjustified refusal exposes the syndicate to court proceedings. The courts have on several occasions ordered syndicates to produce documents they had refused to disclose.
Certain information in the registers remains confidential: personal information of co-owners, personal tax and financial data, and private contact information. The syndicate has not only the right but the obligation to protect this information. A director who discloses such information without authorization may incur personal liability. However, such information may be disclosed if the co-owner concerned expressly consents to it.
WHAT THIS MEANS CONCRETELY FOR YOU
Before buying a condo: ask the syndicate to provide you with its registers. Under article 1068.2 C.C.Q., the syndicate is obligated to provide you with all documents and information concerning the building that will allow you to give informed consent. Well-maintained registers are a sign of a well-managed syndicate.
If you are already a co-owner: you have the right to request access to all these documents. Do not hesitate to exercise that right.
Where to start?
If you need assistance with the purchase of a condominium or are a co-owner wishing to exercise your legal rights, consult your lawyer or contact us at Fiset Légal for legal advice in real estate and condominium law.
Well-maintained registers are the transparency you are entitled to expect from your co-ownership.
