Quebec Condo Elevator Outage: Duties and Recourse

An elevator outage in a divided co-ownership quickly raises safety, accessibility and management issues. The board of directors and the syndicate must act promptly, communicate clearly and comply with the regulatory requirements applicable in Quebec.

This practical guide explains your obligations, RBQ standards, communication best practices, as well as possible recourse and compensation. The legal and regulatory references mentioned are current as of 2026-08-13.

1) Legal obligations of the syndicate and board of directors

• Syndicate responsibility: The syndicate must ensure the preservation of the building and the maintenance of the common portions, including the elevator when it serves several floors (articles 1039 and following of the Civil Code of Quebec). Co-owners must contribute to the common expenses required for this work (article 1072 of the Civil Code of Quebec). Also consult your declaration of co-ownership and the by-laws of the immovable, which may specify access, maintenance and posting procedures.
• Diligence and safety: In the event of an outage, the board of directors must act diligently, secure the equipment (signage, taking it out of service if required) and retain a qualified contractor. The safety of vulnerable persons (persons with reduced mobility and older persons) must be taken into account in temporary measures.
• Official communication: The board of directors must promptly inform co-owners and occupants of the measures in place and the estimated timelines. Document the incident in the co-ownership register and record a report in the minutes of the next board of directors meeting and, where applicable, at the annual general meeting.
• Budget and contingency fund: Recurring repairs or the replacement of major components must be planned through the budget and contingency fund. Bill 16 strengthens planning through the maintenance logbook / EUC; keep it up to date for the elevator and its components.

To consult the official legislation: the Civil Code of Quebec (C.c.Q.) on LégisQuébec (articles 1039, 1072 and related provisions).

• Link: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991

2) RBQ standards: maintenance, contractors and returning equipment to service

The RBQ regulates elevating devices, including elevators, through the Construction Code and the Safety Code. In practice, for a syndicate:

• Maintenance by a licensed contractor: Entrust maintenance and repairs to a contractor holding the appropriate RBQ licence for elevating devices.
• Maintenance contract: A written contract with clauses covering response times, parts availability, emergency standby service and preventive maintenance helps reduce prolonged outages.
• Technical log and records: Keep service orders, inspection reports, periodic test results and notices that the equipment has been taken out of service. These documents are essential in the event of an investigation, claim or sale of a unit (disclosure).
• Signage and secure access: During an outage, clearly post a notice that the elevator is unavailable, lock the equipment if prescribed and prevent unauthorized access to the machinery.

Useful RBQ resources:

• Elevating devices – obligations and safety: https://www.rbq.gouv.qc.ca/batiment/appareils-elevateurs/
• RBQ contractor licence – information: https://www.rbq.gouv.qc.ca/licence/

3) Managing an outage: practical steps for the board of directors

• Assess and secure: As soon as the outage is reported, confirm the problem, block access, post a notice and check whether anyone is trapped. If someone is trapped, call emergency services and the elevator contractor.
• Notice to occupants: Send an initial notice (by email or through the management platform) stating the nature of the outage, the date and time, the contractor contacted and when the next update is expected. Avoid promising unconfirmed timelines.
• Mitigation measures: Arrange assistance for vulnerable occupants (for example, temporary help with essential deliveries or temporarily relocating meetings to an accessible floor). If the building has several elevators, establish service priorities.
• Follow-up with the contractor: Request a written diagnosis, an estimated timeline and details of the parts required. If the delay is prolonged, require a temporary plan (for example, partial operation if safe) and frequent updates.
• Documentation: Archive emails, reports and service calls. Record the incident in the register and in the minutes of the board of directors. This paper trail facilitates any subsequent claim (warranty, manufacturer or insurer) and the review of lessons learned at the annual general meeting.

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4) Recourse, compensation and liability: what you need to know

• Co-owners’ right to compensation: An elevator outage, by itself, does not automatically give rise to a right to compensation or a reduction in common expenses. However, if a co-owner proves damage resulting from a fault, negligence or failure by the syndicate (for example, a lack of reasonable maintenance or unjustified delays), a civil claim may be considered. Review the facts, technical reports and correspondence to assess potential liability (see the general principles of civil liability under the Civil Code of Quebec).
• Insurance and deductible: Review the syndicate’s insurance policy. Some outages may result from an insured loss, an electrical failure or covered property damage. If applicable, confirm the coverage, deductible and mitigation obligations.
• Contractors and manufacturers: If the outage results from a manufacturing, installation or inadequate maintenance defect, you may retain the right to pursue a claim against the contractor or manufacturer, depending on the warranties and expert reports.
• Tenants and sales: For rented units, rental obligations often arise from the lease and the Administrative Housing Tribunal; adapt your communications accordingly. In a condo sale, recurring outages must be properly disclosed in the seller’s declarations. See OACIQ: https://www.oaciq.com/fr/articles/la-declaration-du-vendeur
• Transparency at the annual general meeting: Present a summary of outages, costs and corrective measures at the annual general meeting. Record the decisions in the minutes and adjust the budget, maintenance logbook / EUC and contingency fund plan accordingly.

Resources:

• RGCQ – co-ownership resources and best practices: https://rgcq.org/ressources
• LégisQuébec – Civil Code of Quebec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991

5) Preventing outages: preventive maintenance and planning

• Maintenance logbook / EUC: Keep a detailed maintenance logbook for the elevator (service calls, parts, software updates and inspections). The EUC helps prioritize work and anticipate major replacements.
• Effective maintenance contract: Include performance indicator clauses (response times and availability rates), penalties or adjustments, and a list of critical parts that the contractor should keep in stock when appropriate.
• Budgeting through the contingency fund: Plan the modernization of controllers, hoists, doors and cabs within the contingency fund horizon. A multi-year schedule reduces outages related to aging equipment.
• Periodic checks: Complete the periodic tests required by the regulations and confirm that mandatory certificates and postings are up to date. Systematically archive the reports.
• Proactive communication: A quarterly newsletter about the maintenance of critical systems (elevators, fire safety systems and water pressure) strengthens co-owner confidence.

To structure these areas, see our administrative services: https://www.multirent.ca/services/#gestion-administrative and discover our packages: https://www.multirent.ca/#forfaits. Also visit our blog for more advice: https://www.multirent.ca/blogue/

FAQ – Condo elevator outage

• Can we require a reduction in common expenses during an outage?
  In principle, no. Common expenses remain payable (article 1072 of the Civil Code of Quebec). A reduction could be claimed only if there is proven fault by the syndicate and demonstrated damage. Assess each case with your advisers.
• What is a “reasonable” repair timeline?
  There is no fixed timeline. The board of directors must demonstrate diligence: prompt service call, diagnosis, regular communications and temporary measures. Timelines depend on the parts, complexity and RBQ safety requirements.
• Who can repair the elevator?
  Only a contractor duly licensed by the RBQ for elevating devices. Verify the company’s licence and insurance coverage.
• What must be posted during the outage?
  A clear notice that the elevator is unavailable at every floor it serves, with the date and time of the next update if possible. Prevent access to the machinery and the top of the cab if unauthorized.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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