Divided co-ownership reforms: understanding the new laws
Understanding the new laws (Law 16 and Law 141): guides, tools and training
The last two years have been marked by significant legislative changes in the field of divided co-ownerships in Quebec. This article aims to summarize all the guides, tools and training that are available to co-owners in order to help them comprehend the new laws and be prepared to respect the new regulations that will come in force.
Bill 16
Bill 16, adopted by the National Assembly on Thursday December 5, 2019, has made amendments to the laws regarding divided co-ownerships in Quebec. The previous legislative reform pertaining to this form of housing developements dates back to 1994. Seeing as the notion of developing co-ownerships in Quebec has celebrated its 50th anniversary in November 2019, this new legislative reform was long-awaited.
Bill 16 introduced several new provisions relating to building maintenance, the declaration of co-ownership, the register of co-ownership, the obligations of the board of directors and the developer, transactions, and meetings of co-owners. Among these new provisions, we note the obligation for co-ownerships to carry out a contingency fund study, and a maintenance log. While some provisions of Bill 16 are now in force, others will begin to apply only in a few years.
First and foremost, we invite you to read our explanatory guide which summarizes all the changes and dates of entry into force. The following list of documents, tools and training is complementary to reading the explanatory guide:
Documents
Brochure - résumé des mesures découlant du PL16 | Ministère des Affaires municipales et de l'Habitation (French only)
Vidéo – présentation des grands moments qui ont mené à la réforme (French only) (exclusive to members)
Tools
Penalty clause (French only)
Register: Co-owners, Tenants and Borrowers (exclusive to members)
Establishing a Records Retention Schedule for a Syndicate of co-ownership (French only)
Timeline (French only)
Training sessions
Webinaire : carnet d’entretien et étude du fonds de prévoyance (French only)
Webinaire enregistré : nouvelles exigences en matière de procès-verbaux (possibility to listen to the recording) (French only)
Webinaire : Série la réforme expliquée (loi 16 et loi 141) (French only)
Bill 141
Adopted on June 13, 2018, Bill 141 amended the Civil Code of Quebec in matters regarding insurance in divided co-ownerships. On April 15, 2020, a regulation was issued specifying the terms and dates of entry into force of some of these new provisions. The changes include the establishment of a self-insurance fund, compulsory liability insurance for co-owners, the creation of reference units and the reconstruction value.
First and foremost, we invite you to read our explanatory guide which summarizes all the changes and dates of entry into force. The following list of documents, tools and training is complementary to reading the explanatory guide:
Documents
Magazine condoliaison – édition spéciale assurances (French only)
Article: Devons-nous avoir un compte de banque distinct pour le fonds d’auto assurance? (French only)
Article: Réaliser la description des parties privatives
Article: Description des parties privatives, comment s’y retrouver?
Article: Description of the private portions: Modification to the adoption method
Article: Co-ownership insurance regulations : A final point to Bill 141
Tools
Template: Description of private portions (reference unit) (exclusive to members)
Tool to calculate your contributions to the Self insurance Fund (French only) (exclusive to members)
Model: Notice of assessment (common expenses) Self-insurance fund (French only) (exclusive to members)
Budget forecast (with Self-insurance fund) (exclusive to members)
Template: Financial statements (with Self-insurance fund) (French only) (exclusive to members)
Training Sessions
Webinaire : Série la réforme expliquée (loi 16 et loi 141) (French only)
Webinaire enregistré – description parties privatives (possibility to listen to the recording) (French only)