Bill 16 represents the most important reform of Quebec's divided co-ownership law since the Civil Code was revised in 1994. Since the regulation implementing the bill came into force on August 14, 2025, all divided co-ownerships in the province must comply with new obligations regarding the maintenance log, the contingency fund study, and the syndicate's certificate. These requirements aim to address well-documented issues: an aging building stock, chronically underfunded contingency funds, and a lack of transparency during transactions.
For condominium syndicates, these changes raise several concrete questions: what are the deadlines, who can produce these documents, and what financial impacts should be anticipated? This article details the main obligations applicable to Quebec co-ownerships and the steps to plan for before August 14, 2028. At JG Lessard, we support syndicates and developers in the rigorous planning of their construction and renovation projects while taking applicable regulatory requirements into account.
The Origin and Objectives of Bill 16
Bill 16 was passed by the National Assembly of Quebec on December 5, 2019. It is part of a broader effort to modernize the divided co-ownership framework and protect both current owners and future buyers.
The Problems the Bill Seeks to Correct
To understand why Bill 16 was adopted, it is important to look at three recurring issues in Quebec condominium management:
- The accelerated aging of the building stock, worsened by a lack of long-term maintenance planning
- The chronic underfunding of contingency funds, exposing co-owners to unexpected special assessments
- The lack of information provided to buyers at the time of a transaction, which distorts the assessment of the building's actual condition
Provisions That Came Into Force Gradually
Some provisions have been in force since January 10, 2020, notably those concerning directors' increased liability and assembly majority rules. However, the most structural obligations — the maintenance log and the contingency fund study — required a government regulation to specify their content and form.
The In-Force Date and the Implementing Regulation
The question of when Bill 16 came into force now has a clear answer. The implementing regulation, known as decree 991-2025, was adopted on July 30, 2025, and officially came into force on August 14, 2025.
Key Deadlines to Remember
Two key dates now apply to condominium syndicates:
- August 14, 2025: immediate entry into force of the obligation to provide a syndicate's certificate for any unit sale
- August 14, 2028: deadline to obtain a maintenance log and a contingency fund study compliant with the regulation
The Transitional Clause for Existing Documents
Co-ownerships that took the initiative are not penalized. A maintenance log or contingency fund study produced between August 14, 2023, and August 14, 2025, by an authorized professional is recognized as valid, provided it meets the content prescribed by the regulation. The first review must still be carried out according to the applicable cycle.
The Maintenance Log: Content and Requirements
The maintenance log is a technical document that lists all building elements, documents their condition, and plans upcoming work. It also serves as the basis for the contingency fund study.
Mandatory Elements of the Log
To be compliant, a condo maintenance log under Bill 16 must include several specific components:
- A complete inventory of building elements and their current condition
- An estimate of the remaining useful life of each component
- A plan of major repairs and replacements covering at least 25 years
- A cost estimate for each planned intervention
- Maintenance already performed and that to come
In a condominium, elements covered by the log typically include the structure, the building envelope, masonry, the roof, mechanical and electrical systems, and exterior developments.
Authorized Professionals
Only certain professionals from recognized orders can produce and sign the maintenance log:
- Engineers (OIQ)
- Architects (OAQ)
- Professional technologists (OTPQ)
- Chartered appraisers (OEAQ)
Building inspectors may perform field surveys, but only under the supervision of an authorized professional. The Civil Code of Québec also governs the syndicate's responsibilities in this regard.
Review Frequency
The log must be reviewed periodically by an authorized professional. The frequency depends on the building's characteristics:
- Every 5 years for most co-ownerships
- Every 10 years for certain small co-ownerships (8 units or fewer, 3 floors or fewer, or horizontal co-ownership without common building elements)
Is your co-ownership planning major work? Contact our team to discuss your needs and receive support tailored to regulatory requirements.
The Contingency Fund Study
Bill 16 introduces a mandatory contingency fund study carried out by a professional independent of the syndicate. This document complements the maintenance log by quantifying the co-ownership's long-term financial needs.
Study Content
The study must rely directly on data from the maintenance log and include several essential elements:
- An analysis of interventions planned over at least 25 years
- A cost estimate year by year, adjusted for inflation
- A recommendation on annual contributions needed to avoid a deficit
- A minimum recommended balance to maintain in the fund at the start of each fiscal year
- Specific recommendations for restricted-use common portions (PCUR), where applicable
A Change in Philosophy
Unlike the old rule that set contributions as a percentage of common expenses, the bill now requires contributions to be based on the actual needs of the building. This approach helps avoid chronic underfunding and reduces the need for special assessments.
Qualified Professionals
The same orders as for the maintenance log can produce the study, with the addition of chartered professional accountants (CPA). The professional must be independent of the syndicate: they cannot be a director, co-owner, or manager of the building.
The Syndicate's Certificate for a Sale
Since August 14, 2025, any sale of a unit in a divided co-ownership must be accompanied by a syndicate's certificate. This obligation applies without a grace period and concretely changes how real estate transactions unfold in Quebec.
Content of the Certificate
The certificate summarizes the financial and technical state of the building. It must include in particular:
- Major repairs carried out in the past 5 years
- Repairs and replacements planned for the next 10 years
- Inspections and expert assessments conducted by the syndicate
- Losses affecting the unit sold or the common portions
- The state of finances, including the contingency and self-insurance funds
Delivery Timeline
The syndicate has 15 days to provide the certificate following a request. The information it contains comes directly from the maintenance log and the contingency fund study, which makes these two documents essential even before the 2028 deadline.
Consequences for Non-Compliant Syndicates
A syndicate that neglects its obligations under Bill 16 is exposed to several legal and financial risks. These consequences affect both the syndicate itself and the directors personally.
Legal Risks
The bill allows penalty clauses to be included in the declaration of co-ownership, which means non-compliance can directly affect board members. Directors are also exposed to increased liability if damages arise from deficient planning.
Financial and Transactional Impacts
The absence of required documents can complicate real estate transactions, refinancing, and insurance coverage. Brokers and insurers increasingly take these elements into account when assessing risk. In the medium term, a lack of planning frequently leads to unexpected special assessments, a major source of tension between co-owners.
In the event of major damages linked to deficient maintenance, post-disaster work can also represent significant costs that an underfunded contingency fund will not be able to absorb.
Types of Work to Anticipate in the Maintenance Log
The maintenance log must cover all components of a residential condominium building, which includes a variety of work to plan over 25 years. Understanding the most important items helps the syndicate better anticipate costs and timelines.
The Building Envelope
The envelope is often the most expensive item in a condominium. Masonry work, including joint repointing, damaged brick replacement, and facade restoration, must be planned at regular intervals. The roof, windows, and exterior doors are also elements that directly affect building durability and energy efficiency.
Interior Common Areas
Hallways, entrance lobbies, stairwells, and mechanical systems (heating, ventilation, plumbing, electrical) must be documented in the log. Residential renovation work affecting common areas requires coordinated planning to minimize impacts on occupants and respect established budgets.
Exterior Developments and Parking Areas
Underground parking, circulation areas, and landscaping are also covered by the maintenance log. These elements are furthermore subject to separate obligations under Bill 122 for certain co-ownerships, which reinforces the importance of integrated planning.
How to Prepare Before the 2028 Deadline
Although syndicates have until August 14, 2028, to comply, postponing action is not a recommended strategy. Several practical factors justify a proactive approach.
Act Early to Avoid Bottlenecks
As the deadline approaches, demand for authorized professionals will increase. This is likely to lengthen turnaround times and drive up costs. Syndicates that act early benefit from a wider choice of providers and shorter timelines.
Gradually Adjust Contributions
The first study may reveal a significant gap between current savings and the building's real needs. Starting now to gradually increase contributions allows syndicates to:
- Avoid a sudden financial shock for co-owners
- Reduce the risk of high short-term special assessments
- Demonstrate responsible and proactive management
Coordinate Both Documents
Having the maintenance log and the contingency fund study produced by the same professional or firm ensures consistency between the two documents and can yield cost savings. Since the log is a prerequisite to the study, producing them together simplifies the process.
For work that will eventually be carried out following these studies, working with a general contractor experienced in residential construction also helps maintain consistency between planning and execution.
Frequently Asked Questions About Bill 16 and the Maintenance Log
When did Bill 16 come into force in Quebec?
Bill 16 was passed on December 5, 2019, and some of its provisions have been in force since January 10, 2020. However, the implementing regulation that specifies the requirements for the maintenance log, the contingency fund study, and the syndicate's certificate was adopted on July 30, 2025, by decree 991-2025. It officially came into force on August 14, 2025. That is the date on which the main structural obligations became applicable to Quebec's divided co-ownerships.
Which co-ownerships are covered by Bill 16?
All divided co-ownerships in Quebec are covered, without exception. This includes small and large co-ownerships, high-rise buildings, horizontal co-ownerships, and both residential and commercial co-ownerships. Obligations vary slightly by building size: small co-ownerships of 8 units or fewer, 3 floors or fewer, or horizontal co-ownerships without common building elements can benefit from a 10-year review cycle instead of 5 years for the maintenance log.
Who can produce a maintenance log compliant with Bill 16?
The log must be produced and signed by a professional member of a recognized order: an engineer (OIQ), an architect (OAQ), a professional technologist (OTPQ), or a chartered appraiser (OEAQ). Building inspectors may carry out field surveys, but only under the supervision of an authorized professional. The professional must be independent of the syndicate and cannot be a director, co-owner, or manager of the building concerned.
What must a maintenance log contain under Bill 16?
The maintenance log must list all building elements and document their current condition. It must include a plan of major repairs and replacements covering at least 25 years, along with a cost estimate for each planned intervention. It must also document maintenance already performed and that to come. This document serves as the basis for the contingency fund study, which relies on the technical and financial data it contains.
What is the deadline to comply with Bill 16?
Condominium syndicates have until August 14, 2028, to obtain a maintenance log and a contingency fund study compliant with the regulation. This three-year period begins with the regulation's entry into force on August 14, 2025. However, the obligation to provide a syndicate's certificate for a sale applies immediately from August 14, 2025, with no grace period. Acting without waiting for the final deadline is recommended to avoid delays and cost increases linked to rising demand.
What does Bill 16 change for the contingency fund?
The bill introduces a mandatory study carried out every 5 years by an independent professional. The old rule that set contributions as a percentage of common expenses is replaced by an approach based on the building's actual needs. The study must quantify upcoming work over 25 years, recommend sufficient annual contributions, and set a minimum balance to maintain in the fund. The same professional orders as for the maintenance log can produce this study, with the addition of CPAs.
What does a non-compliant syndicate risk?
A syndicate that fails to comply is exposed to several consequences. Legally, liability actions may be brought, and directors may be held personally responsible, especially since the bill allows penalty clauses to be included in the declaration of co-ownership. Practically, the absence of required documents complicates real estate transactions, refinancing, and insurance coverage. A lack of planning can also lead to unexpected special assessments, a source of conflict between co-owners.
Is an existing maintenance log recognized under Bill 16?
Yes, under certain conditions. A maintenance log or contingency fund study produced between August 14, 2023, and August 14, 2025, by an authorized professional (engineer, architect, professional technologist, or chartered appraiser) is recognized as valid, provided it meets the content prescribed by the regulation. This transitional clause allows proactive syndicates to avoid redoing the work unnecessarily. The first review must still be carried out according to the applicable cycle, either 5 or 10 years after the date of issuance.