Quebec Act 16: Complete Guide for Condo Syndicates

Quebec's Act 16 fundamentally transforms how divided co-ownerships are managed. Adopted in December 2019, it imposes concrete obligations on all syndicates, whether your building has 2 units or 200. This complete guide explains what you need to know, what you need to do, and how to get there without being a legal expert.

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What is Act 16?

Act 16 (An Act mainly to improve the regulation of the building inspection industry and the divided co-ownership sector) amends several articles of Quebec's Civil Code relating to co-ownerships. Its main goal: protect co-owners against building deterioration and underfunded contingency reserves.

Before Act 16, too many syndicates accumulated maintenance backlogs and insufficient contingency funds. The result: co-owners faced unexpected special assessments of tens of thousands of dollars to fund urgent work on roofing, foundations, or mechanical systems.

Act 16 aims to end this by requiring more rigorous and transparent management.

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The 3 main obligations

1. The building maintenance log

The maintenance log is a complete record of your building's condition. It must be kept up to date at all times and include:

• An inventory of all building components (structure, roofing, windows, plumbing, electrical, elevators, heating systems, common areas, etc.)
• The current condition of each component and its year of installation
• Estimated remaining useful life
• Complete history of maintenance and repair work performed
• Schedule of recommended future work
• Contact details of contractors and suppliers

The log must be accessible to co-owners on request, and presented during any unit sale. A buyer or their notary may request it before finalizing a transaction.

2. The contingency fund study

Every 5 years, the syndicate must hire a qualified professional — an engineer, architect, or building technologist who are members of their respective professional orders, to carry out a contingency fund study. This study analyzes:

• The current condition of the building
• Estimated lifespan of each major component
• Anticipated replacement costs
• The monthly contribution needed to fund these works in time

The study results must guide contingency fund contributions. Syndicates that ignore these recommendations face legal risk.

3. Annual disclosure to co-owners

Each fiscal year, the syndicate must provide co-owners with a statement including:

• The current balance of the contingency fund
• Planned contributions for the coming year
• A summary of the maintenance log status
• Any element likely to affect charges in the short term

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Implementation timeline

Act 16 was adopted in December 2019, but its provisions were phased in:

• January 2020: first provisions take effect (disclosure of information during a sale)
• 2020–2023: transitional periods for existing syndicates to comply
• Today: all divided co-ownerships in Quebec must be in compliance

Syndicates formed after the law came into force are immediately subject to all obligations.

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What are the consequences of non-compliance?

Failing to maintain an up-to-date log or to commission a contingency fund study exposes the syndicate and its directors to several risks:

• Civil liability for directors in the event of a loss due to undocumented maintenance failure
• Difficulties when selling a unit: buyers and notaries require the log
• Lawsuits from co-owners unhappy with financial decisions
• Unexpected special assessments due to inadequate contingency fund planning

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Does Act 16 apply to small co-ownerships?

Yes, without exception. Act 16 applies to all divided co-ownerships in Quebec, regardless of size. A 2-unit building has the same obligations as a 200-unit complex.

For small volunteer boards, this may seem daunting, but with the right tools, it's more straightforward than it appears.

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How to get started if your syndicate has never had a maintenance log

It's not too late. Here's a 4-step approach:

Step 1: Take inventory

List all building components: roof, foundation, windows, plumbing, electrical, elevator (if applicable), parking, landscaping, etc.

Step 2: Document what exists

Gather all invoices, contracts, and inspection reports already in your possession. Note the installation year of each component if you know it.

Step 3: Commission a contingency fund study

Contact a building engineer or technologist to conduct the study. This is the foundation of your financial planning.

Step 4: Use a dedicated tool

A spreadsheet isn't enough. When boards change, information gets lost. A centralized digital tool like Kohabit keeps the full history, sends reminders, and makes it easy to share with all board members.

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Frequently asked questions

Can the maintenance log be kept on paper?

The law doesn't specify the format. However, a digital log is strongly recommended: it's easier to update, share, and present during a sale.

Who can perform the contingency fund study?

An engineer, architect, or building technologist who are members of their respective professional orders. The study must be renewed every 5 years or after major work.

What if our syndicate can't afford the study?

The fund study is a legal requirement. Its cost varies by building size, but it is generally less than the financial risks associated with lack of planning.

Does Act 16 require updating the log after every minor repair?

Ideally yes. In practice, it is recommended to document any work affecting a structural or mechanical component, or costing more than a few hundred dollars.

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Kohabit: built for Act 16 compliance

At Kohabit, we integrated Act 16 requirements from the ground up. Our maintenance log module lets you:

• Build your asset inventory step by step, with predefined categories compliant with Act 16
• Plan and document every intervention with date, contractor, and cost
• Receive automatic reminders for periodic maintenance
• Generate a structured PDF report for your assemblies, notaries, and archives

All hosted on 100% Canadian servers, in compliance with Law 25 on the protection of personal information.

Discover all Kohabit features or check our pricing — the beta is completely free.