Inter-Syndicate Agreements for Phased Co-Ownership in Quebec
08/07/2026Project Owner in Quebec Condos: RBQ and Roles
09/07/2026Proof of Insurance for Co-Owners in Quebec Condominiums
In a divided co-ownership in Quebec, requiring proof of insurance from every co-owner is not an administrative detail. It is a risk-management measure that protects the syndicate, the common portions and, ultimately, all co-owners. The board of directors (board) must therefore clearly establish the process for collecting and verifying proof, as well as the sanctions for non-compliance.
This article summarizes the legal framework, the expected contents of the certificate, a collection process suited to Montreal and compliant enforcement measures. Legal references current as of 2026-07-09.
The Legal Framework and Risks for the Syndicate
- The Civil Code of Quebec provides that the syndicate insures the building, including the common portions, and manages deductibles and losses (see sections 1073 to 1074.2 C.C.Q.). These provisions directly influence what co-owners are asked to provide regarding personal liability insurance and improvements to private portions.
- Most declarations of co-ownership and by-laws of the immovable require each co-owner to carry personal liability insurance, as well as coverage for improvements to their private portions. The board may require proof and provide for consequences in the event of non-compliance, if these obligations are set out in the by-laws.
- In the event of a loss attributable to a private portion, the syndicate may, depending on the circumstances provided for in the Civil Code, claim the deductible or certain costs from the co-owner concerned (see section 1074.2 C.C.Q.). Without proof of insurance, the financial risk of being unable to recover these amounts increases for everyone.
For further reading:
- Civil Code of Quebec – divided co-ownership (sections 1063, 1073 to 1074.2) on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
- Good insurance practices for divided co-ownerships (RGCQ): https://rgcq.org/
- Information for co-ownership buyers (OACIQ): https://www.oaciq.com/
Minimum Contents of an Insurance Certificate
The board should clearly define what it accepts as proof. A clear certificate allows for quick verification and orderly file management.
Items normally required:
- Insurer’s name, policy number and coverage period (effective and expiry dates).
- Civic address of the private portion (unit number) and name of the insured co-owner.
- Personal liability coverage amount (often $1M to $2M, depending on market practice and the building’s risk).
- Proof of coverage for improvements to the condo (improvements to private portions), where applicable.
- Information about major exclusions and the presence of a deductible.
- Broker’s/insurer’s contact information for validation.
Practical tips:
- Digital format (PDF) preferred, readable without a password.
- Name the file “Unit-Number_Co-ownerName_YYYY-MM-DD.pdf” for consistent filing.
- Align these requirements in the by-laws of the immovable and in communications following the annual general meeting.
To understand the role of the syndicate’s policies compared with those of co-owners, also consult the relevant sections of the Civil Code on LégisQuébec (sections 1073 to 1074.2): https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
Recommended Collection Process and Schedule
A simple, recurring and documented process reduces follow-ups. Here is an approach suited to syndicates in the Greater Montreal area.
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Decision and regulatory basis
Check your declaration of co-ownership and by-laws of the immovable. If necessary, propose a resolution or an amendment at the annual general meeting to clarify the obligation to provide a certificate and the sanctions for non-compliance.
Remind co-owners in the notice of meeting for the annual general meeting that proof of insurance is required every year. -
Sample schedule
Annual checkpoint aligned with the most common expiry date (e.g., every April 1), or, better yet, a rolling verification on the expiry date of each policy.
Submission deadline: 15 to 30 days before expiry, plus two automated reminders (D-15 and D-5). A final reminder is sent the day after expiry, with a notice of non-compliance and a clear timeline. -
Collection and centralization
Use a secure form or a dedicated email address. A digital file for each unit prevents documents from being lost and makes access easier for the board.
Record the date received, the coverage period and the personal liability amount. Keep a register of deficiencies for inclusion in the board’s minutes. -
Validation and follow-ups
Conduct sample checks with insurers, as needed, to confirm authenticity.
Standardize a warning template and a formal demand letter template. -
Communication and transparency
Post an annual reminder on the intranet or in a building memo.
Add an “Insurance Proof Follow-up” item to the annual general meeting agenda and record compliance statistics in the minutes.
Need tools and templates? See our administrative management and financial management services. You can also browse our blog for other practical guides.
Sanctions and Remedies in the Event of Non-Compliance
A sanction should not come as a surprise; it should be announced, graduated and compliant with the by-laws of the immovable and the Civil Code.
Guiding principles (to be adapted to your declaration of co-ownership):
- Legal basis: co-owners must comply with the declaration of co-ownership, the by-laws of the immovable and the decisions of the assembly (see section 1063 C.C.Q., LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991). Penalties must be provided for and reasonable.
- Progressive measures:
- Written warning with a new deadline (e.g., 5 to 10 days).
- Fine provided for in the by-laws in the event of continued non-compliance. The fine must be reasonable in amount and applied consistently.
- Formal demand letter, which may be followed by an injunction proceeding to compel delivery of the proof.
- Claim for damages if the non-compliance causes harm (e.g., additional costs, increased premium), following legal advice.
- What is best avoided: restricting access to the common portions or suspending rights that cannot legally be suspended. Stay within the framework of the prescribed penalties and appropriate court remedies.
- Losses and deductibles: if a loss occurs and the responsibility of a private portion is at issue, the deductible paid by the syndicate may be claimed from the co-owner in accordance with the conditions provided for in the Civil Code (see section 1074.2 C.C.Q.). This is why up-to-date proof of insurance is important.
In the event of corrective work in a unit (e.g., following water damage), make sure the contractors retained are compliant and properly licensed, a good practice highlighted by the RBQ.
Sample Clauses and Board Best Practices
To make expectations clear, insert precise clauses into your by-laws of the immovable. Ideas to discuss with your legal advisers:
- Annual obligation to provide a certificate of personal liability insurance and coverage for improvements.
- Minimum required contents of the certificate (insurer, period, amounts, unit concerned).
- Standard submission deadline (e.g., 15 days before expiry) and preferred electronic format.
- Fine schedule for non-compliance, with reasonable and progressive amounts.
- Authorization to recover reminder and formal demand letter costs where applicable.
- Document retention: period (e.g., retain the latest valid certificate and the previous one), with access restricted to board members and the condominium manager.
Protection of personal information: collect only what is necessary (the certificate, not the full policy), limit access to those with a strict need to act, and destroy expired copies. Adapt your practices to the data-protection obligations applicable to syndicates.
If you would like to structure these rules and the related operations, multiRent’s administrative management and operations management services can help you document, automate and track these steps in compliance with your declaration of co-ownership.
Frequently Asked Questions
Q1. Can a co-owner refuse to provide proof of insurance?
If an obligation exists in the declaration of co-ownership or the by-laws of the immovable, the co-owner must comply with it. The board may apply the prescribed penalties and then send a formal demand letter. If necessary, an injunction proceeding may be considered following legal advice.
Q2. What amount of personal liability coverage should be required?
Many syndicates require $1M to $2M in personal liability coverage, but the “right” amount depends on the building’s risk profile (e.g., height, presence of critical common portions such as a pool or garage). Refer to your broker and align with what is stated in your by-laws.
Q3. Can a fine be imposed for failing to provide proof of insurance?
Yes, if the by-laws of the immovable provide for it and the amount is reasonable and applied consistently. The legal basis notably rests on the obligation to comply with the declaration of co-ownership and collective decisions (see section 1063 C.C.Q.). If in doubt, have your fine schedule reviewed by a legal professional.
Q4. Should the full policies or only the certificate be retained?
The certificate is normally sufficient for compliance purposes. Avoid collecting unnecessary information (detailed deductibles, appendices) to limit risks related to personal information. Retain only the latest valid certificate and the follow-up records.
This article provides general information and does not constitute legal advice. Consult a lawyer or notary for your situation.
This article provides general information and does not replace advice from a tax professional or accountant. Refer to Revenu Quebec and the CRA for the exact requirements.
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