The Syndicate's Certificate on the Condition of the Condominium: A Volunteer Board's Guide (Free Template)

9 min de lecture
The Syndicate's Certificate on the Condition of the Condominium: A Volunteer Board's Guide (Free Template)

Since August 14, 2025, every condo sale in Quebec triggers a new obligation. The seller must give the prospective buyer a certificate from the syndicate on the condition of the co-ownership (the attestation), and it's your board of directors that has to produce it, within 15 days.

For a volunteer board, that means a request can land at any time, with no warning, and a legal clock that starts running immediately. This guide explains who owes what, what the certificate must contain, how to produce it without panicking, and provides a free template you can copy, with no sign-up.

The essentials in 30 seconds

The certificate on the condition of the co-ownership is a document signed by the syndicate that paints the financial, insurance, legal, and physical picture of the co-ownership. It comes from article 1068.1 of the Civil Code of Quebec, and its minimum content is set by the Regulation respecting various rules concerning divided co-ownership (Order in Council 991-2025), in force since August 14, 2025.

Three rules to remember. The seller has the obligation to hand it to the promising buyer, but it's the syndicate that produces it. The syndicate has 15 days following the co-owner's written request to provide it. And it cannot impose any prior condition: no signed promise to purchase is required to be entitled to the certificate.

Who does what in a sale

The seller requests the certificate in writing from the syndicate, ideally as soon as they decide to sell, and hands it to the prospective buyer. The syndicate produces it within 15 days and signs it. The buyer uses it to make an informed decision, and can also ask the syndicate directly for documents and information about the building (article 1068.2). The broker and the notary make sure the document circulates, but the legal obligation remains the seller's.

One point that reassures many boards: if no one requests the certificate and the sale closes without it, the syndicate is not in default. Its obligation is reactive. The consequences of a missing certificate play out between the seller and the buyer.

What the certificate must contain

The regulation prescribes minimum content, organized into five parts. No government form is imposed: you can use your own document as long as everything is there.

1. Identification of the private portion. The unit sold, its address, its number.

2. Financial information. The total amount of the contingency fund on the date of the certificate and the amount recommended by the fund study for the start of the current year. The liquidity available for current expenses. The contributions to common expenses over the last three years (amounts required and amounts actually paid). The surplus or deficit of the last three financial statements. And the projected budget, annexed.

3. Insurance information. Confirmation that the syndicate holds the insurance required by article 1073 of the Civil Code, the amount of the self-insurance fund, and the highest deductible provided for by the policies. These last two items are the most often forgotten.

4. Legal information. Ongoing litigation before the courts to which the syndicate is a party, and amendments made to the declaration of co-ownership over the last three years.

5. Information on the building and the private portion. Inspections and expert assessments carried out at the syndicate's initiative over the last five years. Major repairs and replacements made to the common portions over the last five years, with their costs. Those planned for the next ten years, with their estimated costs. And any loss or damage affecting the unit sold or the common portions over the last five years.

The syndicate may add any document or information it considers relevant: declaration of co-ownership, building by-laws, contingency fund study.

Producing the certificate in 15 days without panicking

The 15-day deadline is counted in calendar days from the written request. Here is the method that works for a volunteer board.

Acknowledge receipt within 48 hours, confirming the due date. Then split up the gathering: the treasurer covers finances and insurance, the secretary the registers and amendments to the declaration, the president the works, inspections, and litigation. Aim for a document assembled by day 10, to keep a margin for review.

Signing falls to a person authorized by the syndicate, who certifies that the information is truthful and accurate to their knowledge. Keep a copy in the syndicate's register.

The real lesson lies elsewhere: the certificate is only hard if your records aren't up to date. A syndicate that keeps its financial statements, its Act 16 maintenance log, its contingency fund study, and its register of decisions current fills out this document in an hour or two. A syndicate that hunts for invoices across three email inboxes spends its full 15 days on it.

The five pitfalls to avoid

Waiting for a promise to purchase before producing it: the regulation doesn't allow that, the co-owner's written request is enough. Leaving out work identified as necessary but not yet voted: the certificate covers major repairs planned over ten years, not only those approved. Forgetting the self-insurance fund and the highest deductible, the two most neglected fields. Signing without checking: an inaccurate certificate can engage the syndicate's liability toward both the seller and the buyer. And missing the deadline, which can delay or derail the sale, with damages claimable against the syndicate.

Frequently asked questions

A condo was sold without anyone asking us for the certificate. Are we in default? No. The obligation to hand it over belongs to the seller, and the syndicate's obligation is reactive: produce it within 15 days of a request. With no request, there's nothing to do, other than welcoming the new co-owner and keeping your records current.

Can the syndicate charge a fee to produce the certificate? The regulation says nothing on this point. If your declaration of co-ownership or building by-laws allow administrative fees, they must remain reasonable. When in doubt, many syndicates absorb the cost as a current administrative expense.

Who can sign the certificate? Any person authorized by the syndicate, in practice a director, often the president or secretary, or the mandated manager.

Can the buyer contact the syndicate directly? Yes, article 1068.2 lets them request documents and information about the building. The certificate itself, however, passes through the seller.

Free certificate template

Here is a complete framework covering the minimum content of the regulation. Copy it, adapt it to your co-ownership, and have it checked by a professional if needed.

SYNDICATE'S CERTIFICATE ON THE CONDITION OF THE DIVIDED CO-OWNERSHIP

Syndicate: [syndicate name]

Building: [address]

Date of the certificate: [date]

1. Identification of the private portion

Unit concerned: [unit number and lot number], located at [full address].

Selling co-owner: [name].

2. Financial information

Total amount of the contingency fund as of the date of the certificate: $[amount].

Amount recommended by the contingency fund study for the start of the current year: $[amount] (study dated [date]).

Liquidity available for current expenses: $[amount].

Contributions to common expenses, last three years:

[year 1]: required $[amount], paid $[amount]

[year 2]: required $[amount], paid $[amount]

[year 3]: required $[amount], paid $[amount]

Surplus or deficit of the last three financial statements:

[year 1]: [surplus/deficit of $amount]

[year 2]: [surplus/deficit of $amount]

[year 3]: [surplus/deficit of $amount]

The projected budget is annexed to this certificate.

3. Insurance information

The syndicate holds the insurance policies it must subscribe under article 1073 of the Civil Code of Quebec: [yes/no, specify].

Amount of the self-insurance fund as of the date of the certificate: $[amount].

Highest deductible provided for by the insurance subscribed by the syndicate: $[amount].

4. Legal information

Ongoing litigation before a court to which the syndicate is a party: [description or "none"].

Amendments made to the declaration of co-ownership over the last three years: [list by year or "none"].

5. Information on the building and the private portion

Inspections and expert assessments carried out at the syndicate's initiative over the last five years: [list by year or "none"].

Major repairs and replacements made to the common portions over the last five years, and their cost: [list or "none"].

Major repairs and replacements planned for the common portions over the next ten years, and their estimated cost: [list or "none"].

Losses or damage affecting the private portion concerned or the common portions over the last five years: [list or "none"].

6. Annexed documents (at the syndicate's discretion)

[E.g.: projected budget, declaration of co-ownership, building by-laws, contingency fund study.]


I, the undersigned, [name], in my capacity as [title], a person authorized by the syndicate, certify that to my knowledge the information contained in this document is truthful and accurate.

Signed in [city], on [date].

[Signature]

Note to the buyer: this certificate is for the exclusive use of the person to whom it was given by the seller.

Produce the certificate in minutes rather than fifteen days

Everything the certificate requires (financial statements, contingency fund, maintenance log, losses, decisions, amendments to the declaration) corresponds exactly to the records a syndicate should keep day to day. That's precisely what Kohabit centralizes for volunteer boards: finances, documents, decisions, and Act 16 obligations in one place, in French and English and hosted in Canada. When the request for a certificate arrives, the information is already there.

Try Kohabit for free


This article is provided for informational purposes and does not constitute legal advice. For a specific situation, consult a notary or a lawyer specializing in co-ownership law.

Sources: art. 1068.1 and 1068.2 of the Civil Code of Quebec (LégisQuébec), Regulation respecting various rules concerning divided co-ownership (Order in Council 991-2025, Gazette officielle du Québec), CondoLegal fact sheets on the certificate, OACIQ practice guide on the new 2025 rules.

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