Unit Access for EEI/EFP (Bill 16) in Quebec

Bill 16 requires syndicates to arrange a building condition assessment (EEI), a contingency fund study (EFP) and maintain an up-to-date maintenance logbook. In a divided co-ownership, these steps may sometimes require access to private portions. Between legal obligations, respect for privacy and logistics, unit access often raises questions for the board of directors (board).

This guide addresses the search intent “EEI EFP Bill 16 Quebec co-ownership unit access.” You will find the legal basics, best practices for notices, what to do if a co-owner refuses access, and the gradual remedies to consider. The approach takes into account the reality of Montreal and syndicates throughout the Greater Montreal area.

What Bill 16 requires and why access to private portions becomes necessary

Bill 16 strengthens the planning and maintenance of co-ownership buildings. Among other things, it requires:

• A building condition assessment (EEI) carried out by a qualified professional to inventory the components, their condition and their useful life.
• A contingency fund study (EFP) that calculates the contributions required for the contingency fund based on the planned work.
• A maintenance logbook (often integrated into an EUC) to track work and preventive maintenance.

Depending on the building’s configuration, the EEI and EFP may require access to certain private portions—for example, to inspect plumbing columns running through private portions, windows, balconies accessible only through private portions, smoke detectors or the age of water heaters. The professional must be able to confirm the actual condition of the components; otherwise, the estimates remain incomplete.

From a legal standpoint, the syndicate’s maintenance obligations and the studies required under Bill 16 are based on the Civil Code of Quebec (C.C.Q.), your declaration of co-ownership (DCV) and the by-laws of the immovable. These documents provide for the syndicate’s authority to access private portions when necessary, provided there is a legitimate reason, reasonable notice and arrangements that respect the co-owners’ rights. Refer to the divided co-ownership chapter of the C.C.Q. and Bill 16 on LégisQuébec for the general framework.

Useful resources:

• LégisQuébec – Civil Code of Quebec (chapter on divided co-ownership)
• LégisQuébec – Act mainly to improve the regulation of building inspections and divided co-ownership (Bill 16)
• RGCQ – Files and resources on Bill 16 and maintenance logbook management

The syndicate’s right of access and its practical limits

The right of access serves the collective interest and the preservation of the building. It must be exercised within clear parameters:

• Legitimate reason: an inspection or assessment required for the EEI/EFP, maintenance, work, verification of non-compliance or an emergency.
• Reasonable notice: announce the date, time window and purpose of the visit. In practice, 48 to 72 business hours works for a non-urgent inspection. Adapt this according to your DCV.
• Reasonable hours: favour business days, or offer an evening or weekend option when needed.
• Identification and supervision: the professional must identify themselves; ideally, a syndicate representative or the condominium manager should accompany the visit.
• Respect for privacy: limit access to the rooms and elements that are relevant. Do not photograph personal belongings—only building components.
• Security and keys: manage master keys under a written protocol, including a borrowing log, seals and signatures. Avoid retaining duplicates without a regulatory basis.
• Record-keeping: retain proof of notice and a brief intervention report in the register. Record the progress of inspection campaigns in the board minutes.

Your DCV and the by-laws of the immovable supplement these rules. Some provide for a co-owner’s obligation to cooperate, administrative penalties in the event of obstruction or reimbursement of costs caused by an unjustified refusal. Make sure these clauses are in force, reasonable and clearly communicated.

Refusal of access: valid reasons, management and gradual remedies

Not all refusals are the same. Distinguish between:

• Valid reasons: illness, vulnerability, a prolonged absence, being unable to attend during the proposed time window, a defective lock or a recent loss.
• Invalid reasons: principled opposition to the EEI/EFP, disproportionate demands or repeated postponements without a valid reason.

Recommended steps when access is refused or impossible:

1. Empathetic communication
   Call and offer alternatives, such as another time window, an evening or a Saturday. Confirm in writing.

2. New written notice
   Send a second dated notice stating the purpose (EEI/EFP), the legal basis (DCV, Bill 16 and the C.C.Q.), the new time windows offered, the confirmation procedure and a contact person. Mention that additional costs could be incurred if a special visit is required.

3. Formal demand letter
   If the refusal continues, send a formal demand requesting access on a fixed date, with a reminder of the obligations, potential costs (the professional’s special trip) and the consequences provided for in the by-laws. Avoid promising a particular outcome; remain factual and measured.

4. Court remedies
   Ask the court for an access order or injunction if necessary. The C.C.Q. allows the syndicate to act to preserve the building; courts assess proportionality, the reasons given and evidence of your reasonable efforts. In an emergency involving a risk of damage, access may be immediate, with an obligation to notify the co-owner as soon as possible.

5. Recovery of costs
   If your DCV provides for it, claim the additional costs caused by the refusal, such as additional travel and overtime, while respecting the internal billing procedure and the co-owner’s right to be heard at the annual general meeting.

Good evidence practices:

• Record emails and mailed notices, screenshots of the bulletin board and management tool, and the call log.
• Keep the offer of at least two alternative time slots and the identities of the people present during the access attempts.
• Record any offer of a secure key, delivery by a concierge or other accommodation provided.

Organizing an effective EEI/EFP access campaign (logistics and communication)

Plan it like a small project, especially in high-density buildings in Montreal and on the South Shore.

• Schedule by zone: group private portions by floor or column to reduce the professional’s costs and limit disruption.
• Multiple notice channels: post on the bulletin board, send individual emails and use SMS reminders if your management tool allows it. Leave a paper notice under the door for private portions whose occupants cannot be reached.
• Realistic visit windows: schedule two- to three-hour windows for groups of 8 to 12 private portions, depending on the complexity.
• Qualified professionals: verify licences and qualifications. Consult the RBQ to choose a recognized contractor or professional, depending on the nature of the inspection.
• Coordination with the EUC/maintenance logbook: align the EEI findings with your maintenance logbook. Centralize technical photographs and serial numbers, such as those for water heaters, in the register.
• Managing special access: for balconies and terraces accessible through a private portion, anticipate constraints such as the co-owner’s presence, pets and alarms. Provide occupants with a checklist.
• Key messages for occupants: explain the purpose of the visit, approximate duration, rooms affected, the need to clear access to electrical panels and mechanical entrances, and assistance contact information.

To reduce the board’s workload, a condominium manager can handle notices, record-keeping and day-of coordination. See our Administrative Management Services page to structure these steps and standardize your notice templates.

FAQ – Unit Access for EEI/EFP

Q1. Can a co-owner require that they be present to authorize access?

They can ask, and the syndicate should offer at least one time window that allows them to be present. However, if reasonable options have been offered and refused without a valid reason, the syndicate may proceed under the applicable framework, with sufficient notice and accompaniment, or seek an order if access is obstructed.

Q2. How much notice should be given for a non-urgent inspection related to the EEI/EFP?

Common practice ranges from 48 to 72 business hours. Check your DCV and by-laws, which may specify a particular period. In an emergency involving a risk of water damage or a safety risk, immediate access is possible, with notice given as soon as reasonably possible.

Q3. Can we charge a fee if a co-owner forces us to arrange a special visit?

Yes, if your DCV and by-laws clearly provide for it and the costs are actual, reasonable and documented, such as an additional trip by the professional. Announce the possibility of reimbursement in the notice and formal demand, and obtain approval at the annual general meeting if needed.

Resources and references:

• LégisQuébec – Civil Code of Quebec (C.C.Q.) – divided co-ownership
• LégisQuébec – Bill 16 (regulation of inspections and divided co-ownership)
• RBQ – Choosing a contractor, licence and qualifications
• RGCQ – Resources on Bill 16 and the maintenance logbook

Go further with multiRent:

• Discover our Administrative Management Services – notices, registers and notice templates
• Our blog on co-ownership in Quebec
• Our management packages tailored to the size of your syndicate

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

Do you manage a co-ownership in Quebec? Discover our packages or contact us to assess your needs.