SMS in Co-ownership: CASL and Bill 25

Boards of directors in divided co-ownerships are increasingly using SMS to reach co-owners quickly. It is effective for a hot water notice, an annual general meeting reminder or an emergency alert. But these text messages are governed by two major regimes: the federal anti-spam law (CASL) and Quebec’s Bill 25 on the protection of personal information.

If you manage an SMS list without clear rules, you face risks: complaints, fines, loss of trust and privacy incidents. This guide summarizes the basics of compliance and suggests practices suited to a syndicate.

Note that the keyword “Quebec co-ownership SMS CASL Bill 25” refers here to all obligations related to texts sent by a syndicate or its condominium manager.

CASL basics for syndicates

CASL applies to commercial electronic messages. An “commercial” SMS directly or indirectly promotes a good, service or profit-making activity. In co-ownership, many texts are “transactional” rather than commercial (e.g., a water interruption notice, annual general meeting notice or common expenses reminder). These messages remain subject to good practices, but not the same consent requirements as commercial messages.

CASL requires the following for every commercial message:

• Valid consent (express or implied) from the recipient.
• Clear identification of the sender (syndicate, condominium manager) and its contact information.
• A simple unsubscribe mechanism that remains functional for at least 60 days and is processed no later than 10 business days.
• Record-keeping to prove consent and the processing of withdrawals.

Transactional vs. commercial messages

• Transactional: building management, security, maintenance, annual general meetings, minutes, common expenses reminders and work in the common portions. As a general rule, these do not require CASL consent, but identification and relevance remain essential.
• Commercial: promotion of a supplier’s paid activity, an insurer’s advertising, an offer for a third-party service, the sale of pool access to guests, etc. These require consent that complies with CASL.

Express vs. implied consent

• Express: the co-owner checks a box or replies “YES” to a clear request (“I agree to receive SMS from the syndicate”). This is preferable to avoid any ambiguity.
• Implied: an ongoing business relationship may sometimes be sufficient, but the conditions are strict and time-limited. In co-ownership, opt for express consent for greater clarity.

In all cases, avoid sending unrelated SMS messages. Relevant content, reasonable frequency and transparency help strengthen co-owners’ trust.

Bill 25: protection of personal information related to SMS

In Quebec, Bill 25 modernizes the Act respecting the protection of personal information in the private sector. As soon as you manage a list of telephone numbers, consents, sending preferences or unsubscribe histories, you are processing personal information.

Practical consequences for a syndicate and its board of directors:

• Governance: adopt policies governing the collection, use, disclosure and retention of co-owners’ and occupants’ mobile phone numbers.
• Minimization: collect only what is necessary (e.g., mobile number and name), store it securely and restrict access to authorized individuals.
• Transfer outside Quebec: if an SMS provider hosts data abroad, assess the risks and document appropriate safeguards before using it.
• Privacy incidents: establish a process to detect and document incidents and, if there is a risk of serious harm, notify the affected individuals and the appropriate authorities.
• Register: keep proof of consent, withdrawal requests and sensitive communications (e.g., emergency notices) for a justified period.

For certain tools or integrations (SMS platforms, CRMs), conduct a privacy impact assessment before deployment. Align your practices with the declaration of co-ownership and the by-laws of the immovable, while ensuring that personal information is not disclosed beyond what is strictly necessary.

SMS best practices for a board of directors

Adopting internal standards simplifies compliance and makes your texts more useful.

• Use an official line (or an identified sender) on behalf of the syndicate or condominium manager.
• Begin every SMS with the sender’s identity: “XYZ Syndicate –” or “Condominium Manager –”.
• State the subject first, followed by the expected action and the follow-up channel (email, portal, notice posted on the bulletin board).
• Avoid sensitive details in the SMS. Redirect recipients to a secure channel for documents (e.g., minutes, budgets, EUC/maintenance logbook).
• Schedule “quiet hours” (e.g., 8 a.m. to 8 p.m.), except in an emergency.
• Include a simple unsubscribe option, even for primarily transactional messages: “Reply STOP to unsubscribe.”
• Keep a centralized register: consent, date, source, status and withdrawal.
• Review the list before every mailing to exclude unsubscribed or invalid numbers.

Table of common examples

Tip: group non-urgent messages (e.g., planned work and maintenance) into a single weekly SMS to limit frequency.

Procedures: consent, unsubscribing and proof

Here is a simple process to implement and document in an internal policy approved by the board of directors:

1. Collection and consent

   • SMS registration form when contact information is updated annually or at the annual general meeting.
   • Express consent by checking a box or replying “YES” to a clear initial message.

2. Validation

   • Send a welcome SMS confirming registration, the sender’s identity and how to unsubscribe.

3. Unsubscribing

   • Keywords: STOP, ARRET, UNSUB. Process automatically within 10 business days (aim for 48 hours in practice).
   • Always offer an alternative channel for essential notices (email, bulletin board, portal).

4. Logging

   • Record the date, time, IP address or source of consent; keep a record of withdrawals.

5. Content and review

   • Have at least one board member validate the text before sending. Avoid any unnecessary personal information.

6. Retention and deletion

   • Keep proof of consent for the useful period defined in your retention schedule. Regularly purge inactive numbers.

Integrate these steps into your administrative management practices and identify the official communication channels in the by-laws of the immovable and the declaration of co-ownership. For sending logistics and on-site follow-up, also see operations management.

Tools and responsibilities: syndicate, condominium manager and suppliers

Determine who is responsible for what:

• Syndicate/board of directors: adopts the policy, approves message templates and controls the master list.
• Condominium manager: operates the sending tool, maintains proof of consent and unsubscribing, and suggests improvements.
• SMS provider: offers consent and unsubscribe functions, logs messages sent and applies security measures.

Before signing with a provider, check the hosting location, encryption, data export mechanisms, unsubscribe options, audit log and processing agreement compliant with Bill 25. If messages concern work, remind co-owners that only contractors holding the required licences may perform the work, and centralize requests through the condominium manager.

For additional resources and templates, also consult our blog and our services page.

FAQ about SMS in co-ownership

Can we send an SMS to remind co-owners to pay common expenses?

Yes. This is an operational message related to assessments. Clearly identify the sender, remain factual and avoid including specific amounts if the channel is not secure. Refer recipients to the portal or email for details instead.

Is consent collected on paper at the annual general meeting sufficient for CASL?

If it is clear, specific to SMS and documented, yes. Keep a scanned copy and the date. Follow up with a welcome SMS confirming registration and the withdrawal method.

Do we need to offer an unsubscribe option if our SMS messages are only transactional?

CASL mainly requires it for commercial messages. However, offering a “STOP” option improves the experience and reduces complaints. Ensure an alternative channel for essential notices so that a co-owner is not deprived of safety or annual general meeting information.

Useful resources

• LégisQuébec – Act respecting the protection of personal information in the private sector (P-39.1)
• LégisQuébec – Bill 25 (SQ 2021, c. 25)
• LégisQuébec – Civil Code of Quebec (divided co-ownership)
• RGCQ – Federation of Co-ownership Syndicates

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

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