Death of a Co-owner in a Quebec Co-ownership

The death of a co-owner in a divided co-ownership quickly raises practical questions: who pays the common expenses, who can vote at the annual general meeting, and how can the unit be sold? In the Greater Montreal area, boards of directors must act tactfully and methodically to protect the syndicate while respecting the estate and the law.

This article explains the immediate responsibilities, the exercise of voting rights, the management of condo fees and the steps involved in an estate sale. It draws on the Civil Code of Quebec (C.c.Q.), industry best practices and official references.

Who represents the unit after the death?

• Until the estate is settled, the unit remains part of the estate. The liquidator of the succession administers the assets and communicates with the syndicate on behalf of the estate.
• The board of directors should promptly obtain the name and contact information of the liquidator (or the notary handling the matter), as well as proof of their capacity. Keep this information in the co-ownership register.
• Official notices (calls for funds, notices of default, notices of the annual general meeting and reminders) should then be addressed to the estate, for the attention of the liquidator.

Useful references:

• LégisQuébec – Civil Code of Quebec, sections on divided co-ownership and successions (see the general provisions of the C.c.Q.)
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Revenu Québec – Role and obligations of a liquidator of a succession
  https://www.revenuquebec.ca/fr/citoyens/votre-situation/changement/vous-etes-liquidateur-dune-succession/

Common expenses and condo fees: who pays and when?

Contributions to the common expenses (condo fees) and payments to the contingency fund follow the unit. Under the C.c.Q. (see section 1064 and following), each fraction must assume its share of the expenses. In practice:

• The common expenses continue to accrue after the death. They become debts of the estate, payable to the syndicate.
• Late-payment interest and penalties provided for in the by-laws or the declaration of co-ownership apply if the amounts are not paid by the due date.
• If necessary, the syndicate may send a notice of default to the liquidator and exercise the remedies provided for in the C.c.Q., including registering a legal hypothec in favour of the syndicate of co-owners when the legal conditions are met.

Best practices for the board of directors:

• Continue the regular billing of common expenses.
• Offer the liquidator a detailed statement of account and agree on a clear payment method.
• Avoid any informal reduction or waiver: every agreement must be documented in writing and approved in accordance with the internal rules.

Useful references:

• LégisQuébec – Divided co-ownership (C.c.Q., section 1038 and following; contributions, see section 1064; security, see section 1069)
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Regroupement des gestionnaires et copropriétaires du Québec (RGCQ) – Co-ownership documents and practices
  https://rgcq.org/

Voting rights at the annual general meeting and representation on the board of directors

The voting right attached to the unit belongs to the estate and is exercised by the liquidator (or by the person they authorize). For the vote to be valid:

• Obtain proof of the liquidator’s capacity and, where applicable, a written proxy if another person will vote at the annual general meeting.
• Update the attendance list and place the documents in the file to be attached to the minutes of the meeting.
• Check whether arrears of common expenses suspend the voting right under the declaration of co-ownership and the relevant provisions of the C.c.Q. The notice of meeting should reiterate these rules.

Practical advice:

• Include a note in the notice of the annual general meeting about the procedure for representing estates.
• Give the liquidator a reasonable period to provide the documentation before the meeting.

Resources:

• LégisQuébec – Co-ownership meeting and voting rules (C.c.Q., section 1090 and following)
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• RGCQ – Co-ownership governance and annual general meetings
  https://rgcq.org/

Sale of the unit by the estate: steps and precautions

The sale of a fraction by an estate follows the same steps as an ordinary sale, with certain administrative differences.

• Broker selection and listing: the estate (through the liquidator) appoints a real estate broker. The estate-related particulars must be disclosed. See the OACIQ guidelines.
• Due diligence and co-ownership documents: the buyer will request the declaration of co-ownership, the by-laws of the immovable, the latest annual general meeting minutes, the financial statements, the budget, the contingency fund study/maintenance logbook, as well as the syndicate’s statement regarding the co-owner’s account.
• Notary and certificates: before signing, the notary asks the syndicate for a certificate concerning common expenses, special assessments, ongoing claims and other amounts owing. A prompt and accurate response reduces closing delays.

Points for the board of directors and condominium manager to consider:

• Keep the documents ready: up-to-date declaration of co-ownership, by-laws, latest minutes, budget, financial statements and maintenance logbook/contingency fund study.
• Prepare the syndicate’s certificate accurately (amounts owing, ongoing proceedings, approved assessments not yet due, etc.).
• Coordinate the transfer of the buyer’s contact information and update the register at closing.

Useful references:

• OACIQ – Co-ownership file and disclosure obligations
  https://www.oaciq.com/
• Revenu Québec – General information on successions (tax considerations for the estate seller)
  https://www.revenuquebec.ca/fr/citoyens/situations/une-succession/

The syndicate’s internal procedure: what to do as soon as the death is reported

Here is a simple sequence for the board of directors and administrative management:

1. Confirm the information
   Ask empathetically for a document confirming the death (e.g., an official notice) and the contact information for the liquidator or notary.
2. Update the register
   Record the estate as a temporary interested party and keep the supporting documents on file.
3. Continue billing
   Issue regular calls for funds and, where applicable, written payment arrangements in accordance with the internal policy.
4. Secure and access the dwelling as needed
   Access to the private portions remains governed by the C.c.Q. and the declaration of co-ownership. In an emergency (e.g., a leak), follow the prescribed access procedure and document the matter in the file.
5. Prepare for the annual general meeting
   Indicate the procedure for representing estates, check voting eligibility (possible arrears) and file the evidence with the meeting minutes.
6. Anticipate a sale
   Gather the declaration of co-ownership, by-laws, minutes, budget, financial statements and contingency fund study/maintenance logbook, and be ready to produce the syndicate’s certificate promptly.

Useful multiRent internal resources:

• Management services – administrative component (notices of meeting, registers and certificates)
• Services – financial component (billing and statements of account)
• multiRent Blog – Other practical articles

Frequently asked questions (FAQ)

Q1. Do common expenses stop when a co-owner dies?
No. Contributions remain payable and follow the unit. They become debts of the estate until the fraction is transferred.

Q2. Who can vote at the annual general meeting for a unit belonging to an estate?
The liquidator, or a person authorized in writing, exercises the voting right. This right may be suspended in the event of arrears, in accordance with the declaration of co-ownership and the C.c.Q.

Q3. Can the board of directors require a copy of the will?
The board of directors may request proof of the liquidator’s capacity (e.g., a notarized declaration) without necessarily obtaining the entire will. Request only the documents necessary to administer the co-ownership.

Q4. How can the sale of a unit held by an estate be expedited?
Prepare the syndicate’s certificate early, centralize the documents (declaration of co-ownership, by-laws, minutes, budget and contingency fund study) and maintain ongoing communication with the notary and broker.

Main external references:

• Civil Code of Quebec (C.c.Q.) – Divided co-ownership and successions:
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• RGCQ – Co-ownership resources: https://rgcq.org/
• Revenu Québec – Liquidator of a succession: https://www.revenuquebec.ca/fr/citoyens/votre-situation/changement/vous-etes-liquidateur-dune-succession/
• Revenu Québec – General information on successions: https://www.revenuquebec.ca/fr/citoyens/situations/une-succession/
• OACIQ – Professional information on sales involving co-ownership/succession: https://www.oaciq.com/

Internal resources:

• Operations management services (emergency access and maintenance)
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• Packages

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

This article provides general information and does not replace advice from a tax professional or accountant. Refer to Revenu Québec and the CRA for the exact rules.

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