A Receptive Minister: A Productive Discussion on the Future of Co-ownership

On Monday, May 26, 2025, a pivotal working meeting was held between Ms. France-Élaine Duranceau, the Minister Responsible for Housing, and representatives of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ). Attending were Me Yves Joli-Cœur, distinguished lawyer and provincial president of the RGCQ, and Me Richard Leblanc, president of the RGCQ’s Gatineau chapter.

This meeting followed the submission by the RGCQ of a detailed brief aimed at completing the legislative reforms launched since 2019 regarding divided co-ownership. The document highlights the progress made, while also identifying persistent blind spots that weaken the Québec co-ownership model. Among the major issues discussed were: warranty plans, maintenance obligations, governance, buyer information, professionalization of management, distressed co-ownerships, and phased condominiums.

Drafted by Me Yves Joli-Cœur, the brief recalls that several recommendations from the 2012 Advisory Committee on Co-ownership Report have yet to be incorporated into current legislation. This inaction leads to concrete consequences: more complex transactions, legal uncertainty, conflicts among co-owners, and inadequate financial planning. The RGCQ is therefore advocating for a legislative relaunch that is coherent, equitable, and modern.

A central point of discussion was Article 1068.1 of the Civil Code of Québec, which requires the syndicate to provide the selling co-owner with a certificate on the condition of the co-ownership. Its implementation depends on the adoption of a regulation specifying the content of the certificate. The RGCQ emphasized that the certificate should be as comprehensive as possible, in alignment with the current requirements of the DRCOP (Request for Information on the Co-ownership). A thorough certificate would help reduce repetitive procedures, lighten the burden on volunteer board members, and enhance transaction transparency.

The goal is clear: to provide prospective buyers with all relevant information about the co-ownership as soon as the unit is put on the market. Delaying the issuance of the certificate runs counter to this goal and increases the workload for syndicates. This is why the RGCQ recommends that the regulation specify that the certificate may be issued upon the request of the co-owner, without waiting for a signed promise to purchase. Such a provision would streamline the transaction process while offering better protection to the public.

Beyond Article 1068.1, the RGCQ’s brief raises several unresolved issues:

• The absence of a mechanism equivalent to a ten-year warranty for high-rise buildings not covered by GCR;

• The lack of official information guides for buyers and directors;

• The absence of a legal framework for phased condominiums;

• Barriers to financing for undivided co-ownerships;

• The under-professionalization of condominium management;

• Delays in implementing the maintenance logbook and contingency fund study;

• The absence of a specialized dispute resolution mechanism for co-ownership.

In response to these concerns, Minister Duranceau demonstrated attentive listening and clear openness. She emphasized the importance of ongoing dialogue with stakeholders to ensure the reforms are grounded in real-world needs, while reaffirming her commitment to completing the regulatory work, particularly that stemming from Bill 16.

The RGCQ welcomes this openness and reiterates its role as an active partner in the development of upcoming legislative steps. With its expertise, its strong connection to the field, and its role as spokesperson for syndicates of co-owners, the RGCQ will continue to contribute to the government’s thinking in the interest of all Québec co-owners.

This meeting, marked by a spirit of collaboration, represents a significant step for the future of co-ownership in Québec. It reflects a shared determination to provide this form of housing with a solid legal foundation, effective governance, and better protection of both individual and collective rights. The RGCQ will continue its efforts to make Québec a North American leader in the management and regulation of divided co-ownership.

The full RGCQ brief is available by clicking here.