Condo Snow Removal: Duties and Contracts

Quebec winters require syndicates to take snow removal seriously. In a divided co-ownership, the syndicate has a duty to ensure that common portions remain accessible and safe. The issue involves legal obligations, contract drafting and the management of responsibilities.

This guide summarizes the expectations placed on the board of directors (board), identifies the areas that must be treated and suggests essential clauses for a snow removal contract. It also provides legal reference points, prevention practices and governance tools to incorporate into your maintenance logbook (EUC).

Before the first snowfall, clarify what falls within the common portions and private portions under your declaration of co-ownership (DCV), establish intervention priorities and put tools in place to document every visit by the contractor. Clear organization reduces the risk of falls, complaints and additional costs.

Legal framework: the syndicate’s duties and co-owner contributions

In Quebec, the syndicate’s mandate is to ensure the preservation of the building and the administration of the common portions (see section 1039 of the Civil Code of Quebec). Winter maintenance, including snow removal and de-icing, falls directly within this mandate. In practice, it is a current administration expense funded through the common expenses to which each co-owner contributes (see section 1064 of the Civil Code of Quebec).

• Safety and accessibility obligation: clear fire exits, stairs, walkways, garage entrances and traffic areas.
• Damage prevention: reduce ice accumulation and protect surfaces, drains, membranes and door thresholds.
• Documentation and diligence: plan, carry out and record interventions in a timely and reasonable manner based on the weather.

From a civil liability perspective, negligence may engage the liability of the syndicate or the contractor (see section 1457 of the Civil Code of Quebec, general fault). An internal protocol and a well-structured contract help demonstrate the diligence of the board and the service provider.

References:

• Civil Code of Quebec on LégisQuébec: Syndicate and preservation of the building (section 1039) and Common expenses (section 1064)

What to clear and when: scope, priorities and limits

Every site is different. The exact scope depends on the declaration of co-ownership and, often, the by-laws of the immovable. Prepare a clear map, attached to the contract, that distinguishes between:

• Exterior common portions: sidewalks, parking lots, walkways, stairs, ramps, access to meters, electrical charging stations, garage entrances, loading docks, garbage and recycling areas.
• Common portions for restricted use: balconies, terraces and dedicated access routes; obligations may vary under the declaration of co-ownership.
• Sensitive interfaces: floor drains, grates, valves, door thresholds, guardrail bases, interlocking-paver joints and indoor parking membranes that must be protected from abrasives.

Specify the intervention triggers and deadlines:

• Trigger threshold: expected or measured accumulation (e.g. as soon as 2 to 5 cm) or as needed based on a weather advisory.
• De-icing: apply abrasives or de-icers according to the temperature, surface and surroundings (e.g. areas sensitive to chlorides).
• Prioritization: emergency exits, accessible entrances, stairs, then walkways and parking spaces.

Incorporate these parameters into your maintenance logbook and keep them in the syndicate’s records. A clear plan makes it easier to adjust the budget, explain decisions at the annual general meeting and support continuity on the board of directors.

Responsibilities: the syndicate, contractor and co-owners

The syndicate must act prudently and diligently; the service contractor also has an obligation of means under the rules governing contracts of enterprise (see sections 2100 and following of the Civil Code of Quebec). The usual responsibilities are as follows:

• Syndicate / board: plan, select the contractor, negotiate the contract, monitor performance, handle complaints and keep evidence (photos, reports and board minutes).
• Contractor: perform the work according to the specifications, meet deadlines, use appropriate methods and products, report any dangerous condition and record each visit.
• Co-owners: follow instructions (e.g. move vehicles during operations), report dangerous situations and contribute to the condo fees established in the budget.

Insurance and incident management:

• Syndicate policy: civil liability and, where applicable, damage to common property; notify the insurer in the event of an injury or major damage.
• Contractor’s insurance: require a current certificate of civil liability insurance with sufficient coverage and, if possible, have the syndicate added as an additional insured.
• Evidence: keep dated photos, weather records, intervention reports, communications with the contractor and reports from occupants.

Legal reminder: in the event of a slip and fall, fault must be proven. Reasonable, well-documented maintenance reduces exposure and helps defend the syndicate (see section 1457 of the Civil Code of Quebec).

Useful resources:

• LégisQuébec – General civil liability (section 1457 of the Civil Code of Quebec): Civil Code of Quebec
• RBQ – Advice on choosing a contractor and verifying insurance: RBQ – Consumers

Snow removal contract: essential clauses to negotiate

A clear contract protects the syndicate and makes contractor management easier. Include an annotated plan and unambiguous definitions.

Clauses to include:

• Scope of work: included and excluded areas, clearing exits, access to electrical charging stations and fire hydrants, and roof snow removal if required (often excluded or handled by a specialized contractor on call).
• Triggers and deadlines: thresholds in centimetres and/or weather-based activation, service window (e.g. first pass before 7 a.m.), post-storm treatments and ice follow-up.
• Methods and products: abrasives, de-icers and restrictions for interlocking pavers and membranes; management of snow storage and snowbanks.
• Priorities and sequence: fire exits and accessible entrances first, critical corridors, then secondary areas.
• Emergency calls: 24/7 number, response times, call-out fees and conditions for a major storm.
• Evidence: signed intervention log, time-stamped photos, GPS if available and a report template provided to the condominium manager/board.
• Insurance and indemnification: the contractor’s certificate of insurance, minimum limits, non-waiver-of-recourse clauses and compliance with applicable laws.
• Reasonable penalties/incentives: objective mechanisms for repeated failures (e.g. written notice and correction within x hours), without promising automatic compensation.
• Termination: grounds, deadlines, procedure and transfer of documents.

For the selection process:

• Request two or three comparable bids based on the same specifications and map.
• Check experience with divided co-ownerships, available equipment and backup capacity in case of breakdowns.
• Request references and a recent certificate of insurance.

Best practices recommended by recognized organizations:

• RGCQ – Governance and best practices in divided co-ownership: RGCQ
• RBQ – Preliminary checks and service reports: RBQ – Consumers

Governance and operations: prepare, monitor and communicate

Prepare for the season as soon as the fall begins. Here is a simple process to incorporate into your management tools and maintenance logbook.

1. Budget planning and approval

   • Estimate the cost based on past experience, surface areas and your service standards; adjust the common expenses accordingly.
   • Set aside a margin for exceptional storms and emergency calls.
   • Present the information at the annual general meeting as needed; record decisions in the board minutes.

2. Request for bids and contractor selection

   • Send a standardized set of specifications with your annotated plans.
   • Assess peak-period response capacity and the quality of intervention reports.
   • Before signing, align the contract with your declaration of co-ownership and by-laws (e.g. co-owner obligations during operations).

3. Implementation and monitoring

   • Install internal signage and boundary markers before freezing temperatures.
   • Send co-owners a memo outlining priorities, parking instructions, the emergency number and the reporting procedure.
   • Keep an incident log and a dashboard of visits (date, time, areas treated, products used and photos).

4. Continuous improvement

   • After every major event, conduct a brief review with the contractor.
   • At the end of the season, compare costs, complaints, incidents and labour hours; adjust the specifications for next year.
   • Update the maintenance logbook (EUC) and archive the documents in the syndicate’s records.

To learn more about operations and coordination with administration, see our Services – Operations Management page: multiRent – Services, operations management. You can also browse other practical articles on our blog.

FAQ – Frequently asked questions

Is the syndicate required to clear balconies?

It depends on your declaration of co-ownership and by-laws. A balcony may be a common portion for restricted use. Responsibility for maintenance may then fall to the syndicate or the co-owner, depending on the applicable provisions. Specify this in the contract and in your seasonal communications.

What should you do after a fall caused by ice?

Assist the person, secure the area and document the scene. Take dated photos, collect witness statements, obtain the contractor’s intervention report and keep weather records. Notify your insurer promptly and inform the board; a written follow-up in the records is recommended.

Is a municipal permit required for snow removal?

Several municipalities regulate snow storage, signage and depositing snow along the roadside. Requirements vary. Check with your municipality and inform the contractor of local restrictions before signing.

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

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