Roch Saint-Jacques: What Quebec’s Law 16 Means for Condo Buyers, Owners and Boards

I’m Roch Saint-Jacques, a real estate broker working in the Outaouais region, and in this article I explain, in plain language, what the recent changes introduced by Law 16 mean for you — whether you are a buyer, a condominium owner, a member of a syndicate (condo board), a property manager, a notary, or a real estate professional. I recorded a short video to discuss this and decided to expand the conversation here so you can have a practical guide, checklists you can use, and a clear view of how the new obligations will affect transactions and daily condominium life.

Table of Contents

• Outline
• Introduction — why Law 16 matters
• What the problem was before Law 16
• What Law 16 changes — the essentials
• How those changes affect buyers and sellers
• How those changes affect condominium boards and managers
• Comparison with Ontario practices and why this is overdue
• Practical checklists: what you need to do or ask for
• Common scenarios and examples
• The attestation: what it is and why it is the notary’s key
• How the market will react — short and long term
• What to do next — practical suggestions
• Upcoming learning opportunities and my invitation
• Frequently Asked Questions (FAQ)
• Conclusion — the long-term benefit of transparency
• Final checklist — quick reference

Outline

• Introduction — why Law 16 matters
• What the problem was before Law 16
• What Law 16 changes — the essentials
• How those changes affect buyers and sellers
• How those changes affect condominium boards and managers
• Comparison with Ontario practices and why this is overdue
• Practical checklists: what you need to do or ask for
• Common scenarios and examples
• Who should attend the upcoming conference and why
• Frequently Asked Questions
• Conclusion and next steps

Introduction — why Law 16 matters

If you live in or are buying a condominium in Quebec, you already know there are a lot of moving parts behind the scenes — roof repairs, elevator replacement, plumbing upgrades, reserve fund contributions, budgets, minutes, and declarations. For too long, important information about a building’s financial health and its planned maintenance has not been consistently available to buyers or even to some owners. That situation created surprises: major special assessments, deferred maintenance piling up, and owners left asking how this happened.

Law 16 is a game changer because it forces transparency and accountability. It links the act of selling a condominium unit to a mandatory attestation from the syndicate (condominium corporation) that provides an honest picture of the condominium’s recent and future financial and maintenance situation. That attestation is now required at the notary’s office before a sale can be notarised. In short: transparency becomes mandatory, and that will protect buyers and force boards to plan and act responsibly.

What the problem was before Law 16

Let me be blunt: many condominium corporations in Quebec were not prepared. The numbers are striking: there are roughly thirty thousand condominiums across the province, and at least half of them—around fifteen thousand—were not up to date with their reserve fund studies and maintenance documentation.

What does this mean in practice? For years, the law allowed syndicates to simply take a budget and place a modest percentage into the reserve fund — sometimes 5% — without a formal, professional asset management plan. That approach might be enough when buildings are new and within warranty, but after 20 or 30 years it becomes a problem. If you only ever contribute 5% and the building needs major work, the reserve fund is insufficient to cover large repairs.

Without a proper reserve fund study or a maintenance notebook, buyers could purchase a unit that seemed like a bargain, only to discover within months or years that the building required costly repairs. In many cases the price reflected the risk, but an average buyer can’t always assess the depth of deferred maintenance without detailed documents.

What Law 16 changes — the essentials

Law 16, which was adopted in 2019 and entered into force around August 14, introduces several important requirements and transitional measures. Here are the essential elements you need to understand:

• Mandatory attestation from the syndicate: Before a notary can complete a sale, the syndicate must provide an attestation covering recent and upcoming financial and maintenance matters. This attestation becomes the key that allows the notary to proceed with the sale.
• Content of the attestation: The attestation should include at least: the last three years of condo fees and how they were spent, the current budget and the upcoming budget, a summary of work done in the recent past and planned future work, the status of the reserve fund study (fonds de prévoyance), and whether a maintenance notebook (carnet d’entretien) exists and is up to date.
• Transition rules: Syndicates that are not up to date have a transitional window to comply. If a reserve fund is underfunded, the shortfall can be amortized over a period (as explained below) rather than being demanded in a single large assessment right away.
• Amortization of shortfalls: If insufficient contributions in the past created a deficit, the board can spread (amortize) the need to restore the reserve fund over up to ten years. This reduces the immediate shock to owners and buyers while ensuring the fund is restored.
• Deadline for the attestation: When a syndicate has not prepared the required documents, the law allows a reasonable period to do so. Practically, the syndicate has up to three years to prepare or regularize certain documents and provide the attestation; some obligations involving the reserve fund have a longer amortization period of up to ten years.

How those changes affect buyers and sellers

Good news first: this is overall positive for the market and for honest buyers. Law 16 brings clarity. When you buy a unit, you will have solid information to assess true value and risk — and this reduces the chance of unpleasant surprises.

Here’s how the law affects the different parties in a transaction:

• For buyers: You should receive the syndicate’s attestation before signing the final deed. The attestation lets you see if the building is on top of maintenance, whether the reserve fund is sufficient, what recent and upcoming major works are planned, and whether the management has done what’s required to keep the building healthy. If the building hasn’t kept up historically, the market will price that risk into the sale price rather than saddling you with past mismanagement suddenly as a buyer liability.
• For sellers: If the syndicate is compliant and the reserve fund is up to date, you’ll be able to close without delay and probably achieve a better price. But if your building has deferred maintenance, the buyer will know and will likely negotiate a lower price. The law makes the market more honest, so sellers need to be ready to show the building’s documents and to explain the status of any planned or deferred work.
• For notaries: The attestation from the syndicate is a new gatekeeper. Notaries will require it to notarize transfers, which means that syndicates that are not prepared can delay or complicate sales.

Remember: the buyer does not retroactively become responsible for years of underfunding. If the reserve fund is underfunded, the price will reflect that risk, and the restoration of financial balance will be spread out over time by the syndicate — up to ten years in many cases.

How those changes affect condominium boards and managers

If you are a member of a condo board or a property manager, Law 16 increases the burden — but also the responsibility and the clarity — of what you must do. The new obligations will push many syndicates to act proactively, both to avoid disruptions to sales and to ensure long-term building health.

Here’s what boards and managers need to prioritize:

• Order a proper reserve fund study (if you don’t already have one): This is the foundation. A professional evaluation detailing the expected lifetime of major components (roof, cladding, elevators, boilers, etc.), estimated replacement costs and a 10–30 year capital plan will tell you what contributions are necessary to keep the building healthy.
• Create and maintain the maintenance notebook: The maintenance notebook documents the work done on the building over time, warranties, technical reports, and schedules for regular upkeep. It’s a living document that demonstrates due diligence and helps you plan.
• Prepare the attestation early and keep it current: The attestation must be accurate and reflect the last three years of financial data and planned works. Make it available when a sale starts, not only at the last minute.
• Communicate with owners: When you need to raise condo fees or plan a special contribution to restore the reserve fund, explain why and show the numbers. Transparency reduces conflict.
• Plan for the amortization of deficits: If you’re underfunded, present a realistic plan to restore the fund over a reasonable period; the law allows amortization up to ten years, which is often the most practical approach.

Acting early—ordering studies, updating documents, and having a clear communication plan—will prevent sales bottlenecks and improve the building’s marketability.

Comparison with Ontario practices and why this is overdue

To understand the logic behind Law 16, it helps to look at practices in neighboring jurisdictions. In Ontario, for example, the requirement to study the reserve fund and to create a forward-looking asset management plan has been in place for longer. Developers and syndicates in some parts of Ontario have long been expected to analyze, from day one, how components will age and how much to set aside. That early discipline often results in contributions of 15–18% into the reserve fund in some cases when a realistic, professional plan calls for it — much higher than the 5% some Quebec buildings historically used.

I had the privilege to work on condo projects in both Quebec and Ontario many years ago. I remember working with Alary Constructions on a project and seeing how a rigorous plan made a big difference in long-term operations. When you know in advance that the elevator will need replacement in 20 years and the roof in 30, you start collecting funds immediately at a level that avoids a crisis later. That’s the model Law 16 encourages in Quebec.

The key takeaway: Ontario’s earlier requirements produced more predictable finances for many buildings. Quebec’s new law aligns our province more closely with those best practices — although the law also provides transition periods so older buildings aren’t instantly crushed by decades of past underfunding.

Practical checklists: what you need to do or ask for

Below are practical checklists organized by role. Use these to prepare, to ask the right questions, and to avoid surprises.

Checklist for Buyers (before you sign a promise to purchase)

• Ask for the syndicate’s attestation and read it carefully: look for reserve fund study status, the last three years of budgets and condo fee payments, recent major repairs, and planned future work.
• Request the most recent reserve fund study and the maintenance notebook. If they exist, review them (or have your broker/inspector review them with you).
• Review the condo declaration and by-laws to understand your rights and obligations, special assessment rules, and voting rules.
• Check the financial statements and minutes of the last two to three annual general meetings (AGMs).
• Ask about any ongoing litigation or lawsuits involving the syndicate.
• Ask whether there are upcoming special assessments or large projects planned and how they will be funded.
• Work with an experienced condo-savvy real estate broker or lawyer who spends time reviewing these documents with you — this is not a surface-level exercise.
• If the building is underfunded, understand the amortization plan and how it will impact your monthly condo fees over the next years.

Checklist for Sellers

• Ensure the syndicate has prepared the attestation and it accurately reflects the building’s situation.
• Be ready to disclose known upcoming major projects and their funding plan to prospective buyers.
• Make sure the maintenance notebook and reserve fund study are available and current — buyers and notaries will expect that.
• Work with your broker to present the building’s documents clearly so buyers can make informed decisions quickly.

Checklist for Condominium Boards and Managers

• Start (or update) your reserve fund study immediately if it isn’t current.
• Create and maintain the maintenance notebook as a living record.
• Prepare your attestation before it is demanded by a notary; be proactive rather than reactive.
• If you are underfunded, prepare a reasonable amortization plan (up to ten years) and communicate it clearly to owners and buyers.
• Keep accurate financial records and minutes so the attestation can be produced without delay.
• Consider consulting professionals (engineers, accountants, legal counsel) to ensure the plan and documents are solid.

Checklist for Real Estate Brokers and Lawyers

• Develop or refine your knowledge of condominium law and financial documents. The Chamber of Commerce and industry associations will increasingly expect this specialty.
• Spend time with your buyer clients reviewing the attestation and supporting documents—plan on an hour to an hour and a half at minimum.
• Know how to read a reserve fund study and a maintenance notebook; if you cannot, partner with someone who can.
• Communicate clearly with notaries about attestation requirements and ensure timing dovetails with your offers and conditions.

Common scenarios and examples

Let me walk you through a few typical scenarios to show how Law 16 will play out in real life, and what you can expect as buyer, seller or board member.

Scenario 1 — A well-managed building (no surprises)

Imagine a building that has been diligent. The board has 10–20 year asset management plans, a recent reserve fund study, and a healthy fund. The attestation is current and the maintenance notebook is orderly. You, as a buyer, see the documents and feel comfortable. The notary receives the attestation and notarization goes through smoothly. The sale is completed without surprises, and you can focus on the unit’s interior rather than worrying about the building’s infrastructure.

Scenario 2 — A building with historical underfunding but a realistic plan

In this situation, the reserve fund has been historically underfunded because the syndicate only contributed a small percentage. The syndicate and property manager commission a reserve fund study, prepare the maintenance notebook, and create an amortization plan to restore the fund over a ten-year horizon. The attestation is produced, noting the shortfall and the plan to restore the fund. As a buyer, you’re told up front: the building will raise fees gradually over the next decade or levy temporary increases, but the cost will be spread out. Because the market sees that the problem is recognized and being addressed fairly, prices adjust accordingly rather than surprising the buyer later.

Scenario 3 — A neglected building with no or poor documentation

If the syndicate has not kept records and cannot produce an attestation, the sale will be blocked until the syndicate complies. The law gives the syndicate time to comply, but the process can delay sales and create administrative headaches. This is a wake-up call for any board that has not kept up with the basics: the cost of not preparing is now measurable in transaction delays and reputational damage.

The attestation: what it is and why it is the notary’s key

The attestation required by Law 16 is effectively the key the notary will use to open the door to a notarized transfer. Without it, the notary cannot complete the sale. The attestation summarizes the syndicate’s compliance with legal obligations and provides a transparent snapshot of the building’s financial health and maintenance planning.

Practically, this gives buyers confidence and forces boards to act. From a notary’s perspective, it reduces the risk of a buyer inheriting hidden liabilities. From a buyer’s perspective, it’s an important safeguard that makes the purchase process less risky.

How the market will react — short and long term

Short term, you will notice more transparency in condo transactions. Listings will be supported by documents, and buyers will be better informed. Prices may shift: units in buildings with underfunded reserves may sell at a discount until the fund is restored, because the market will price in the cost of future contributions. Conversely, well-managed buildings will be more attractive and may command a premium.

Long term, this is a healthier market. Buyers will feel safer investing in condos because they will have reliable information. Boards will do better job of planning and communicating. The provincial housing stock will age more gracefully because expenditures will be planned and funded rather than deferred until crisis mode.

What to do next — practical suggestions

If you are reading this as a buyer, seller, board member, manager, notary or broker, here are straightforward next steps:

• Buyers: ask for the attestation early and read it with an experienced broker or lawyer. If the building is underfunded, ask for the amortization plan and understand how it changes your monthly budget.
• Sellers: ensure the attestation is available and that the building’s documents are in order to avoid delaying sale completion. If your building is underfunded, be transparent and set realistic expectations with buyers.
• Boards/Managers: commission or update your reserve fund study now, prepare or update the maintenance notebook, and ready the attestation. Communicate with owners about your plan and timeline. If you need help, consult engineers and legal counsel.
• Brokers/Notaries: invest time to learn how to read and interpret the attestation, reserve fund studies, and maintenance notebooks. Help your clients navigate these documents; plan on at least an hour to an hour and a half to go through them with buyers before making offers.

Upcoming learning opportunities and my invitation

For professionals who want to deepen their knowledge, the Regroupement des gestionnaires copropriétaires du Québec (RGCQ) is organizing events and information sessions. Specifically for the Outaouais region, there will be a conference dedicated to Law 16 on September 26. That day will be aimed at professionals — notaries, brokers, lawyers, managers — to give practical guidance on implementing the law. There’s also a Saturday session targeted at condominium owners and managers, held at the Maison de la Culture, to explain the law in practical terms and answer questions.

If you are involved in the condominium sector at all, these events are extremely useful. Register on the RGCQ website and attend. The more professionals and owners are informed, the smoother this transition will be.

Frequently Asked Questions (FAQ)

Q: What exactly must the syndicate attest to?

A: The attestation should summarize recent and near-future financial and maintenance data: the last three years of condo fees, how they were applied, the current budget and next year’s budget, the major works completed recently and those planned in the coming years, the status of the reserve fund study, and whether the maintenance notebook exists and is up to date. The attestation offers the notary and buyer a concise status of the condominium’s health.

Q: If the reserve fund is underfunded, who pays?

A: The buyer does not retroactively pay for past underfunding. Instead, the market usually adjusts the purchase price to reflect the issue. The syndicate must present a plan to restore the reserve fund, and Law 16 allows the syndicate to amortize the needed contributions over up to ten years — so owners (including the buyer after transfer) will contribute over time to restore the fund.

Q: How long does the syndicate have to produce required documents?

A: The law provides transition time. For the attestation and associated documents, boards have practical windows (for example, up to three years to prepare certain documents); for restoring underfunded reserve funds, amortization over up to ten years is permitted. These transitional measures help avoid immediate financial shock and give boards time to plan.

Q: Will this slow down sales?

A: Initially, there might be delays as boards and managers produce documents and prepare attestations. Sellers in buildings that are out of compliance may see temporary slowdowns in sales until the syndicate regularizes its documentation. Over time, however, the process should become routine and make the market more efficient and less risky for buyers.

Q: As a buyer, how long should I spend reviewing condo documents?

A: Plan on spending at least an hour to an hour and a half with an experienced broker or legal advisor to examine the attestation, reserve fund study, maintenance notebook, declaration and recent minutes. These documents contain technical and financial information that require careful reading; rushing through them can lead to surprises later.

Q: If a syndicate cannot produce an attestation, can a sale be notarized?

A: No. The attestation is now required for notarization. If it is not produced, the notary will not complete the sale. This is why boards must prepare these documents proactively.

Q: What if the syndicate provides incorrect information?

A: Providing false or inaccurate information in an attestation can create legal exposure for the syndicate. Boards should work with qualified professionals (engineers, accountants, legal counsel) to prepare accurate studies and honest attestations. Transparency and accuracy protect both the syndicate and owners.

Q: How will this affect insurance and lender requirements?

A: Lenders and insurers already consider building condition and financial health in their assessments. Having a current reserve fund study, maintenance notebook, and attestation will generally help when lenders or insurers request documentation. In the absence of those documents, lenders may be more cautious or require additional guarantees.

Q: How will special assessments be handled under the new law?

A: Special assessments will still be governed by the condominium’s declaration and the Civil Code. However, with better reserve fund planning and mandatory disclosure, special assessments should become less frequent. If a special assessment is necessary, boards will need to explain the reason and the financing plan during the sale process and in their attestation.

Q: Who enforces these requirements?

A: The obligations introduced by Law 16 are legal obligations for syndicates and affect the notarial process. Notaries will enforce the attestation requirement at the time of notarization. Other regulatory or judicial remedies can be used to address non-compliance if necessary.

Conclusion — the long-term benefit of transparency

Law 16 marks a necessary step toward healthier condominium governance in Quebec. It creates incentives for boards to plan responsibly, for owners to stay informed, and for buyers to have the protection they deserve. Yes, it forces some syndicates to confront decades of underfunding and deferred maintenance — but that is a good thing. By exposing the problem earlier and creating a fair mechanism to address underfunding (including a reasonable amortization period), we reduce the risk of financial shocks and improve the longevity and value of our buildings.

If you are buying, selling, or managing a condominium, take this seriously. Order or update your reserve fund study. Build the maintenance notebook and keep it current. Prepare the attestation ahead of time. If you are a professional working in real estate, make sure you can read and explain these documents to your clients.

I also want to reiterate an invitation: join the RGCQ conference on September 26 if you work in the sector, and attend the Saturday session for owners if you want a practical, owner-focused explanation. You’ll find helpful resources, and you’ll meet the people who are dealing with the details day by day.

Law 16 gives you more clarity and protection. Use it. Ask the right questions. Demand the attestation. And if you’re unsure about a document or a number, don’t sign anything until you understand the implications. In condominium life, planning and transparency are everything — and now they’re the law.

Final checklist — quick reference

• Ask for the syndicate attestation early in the transaction.
• Review reserve fund study and maintenance notebook before committing.
• If underfunded, ask for the amortization plan and understand its impact.
• Boards: prepare documentation proactively to avoid sale delays.
• Pros: attend local RGCQ events to improve your knowledge and skills.

If you want practical help reviewing documents or preparing a strategy for a purchase or for a condo board, reach out to a broker who understands condominium governance or attend the upcoming sessions organized by your regional associations. The better informed you are, the better decisions you’ll make — and the healthier your building’s future will be.

Thank you for reading — I’m Roch Saint-Jacques, and I look forward to helping you navigate the new landscape of condominium ownership in Quebec.