Hidden Condo Defect in Quebec: Your Remedies

Discovering a defect after buying a condo is stressful. In divided co-ownership, you must first determine whether the problem affects a private portion (your unit) or common portions (e.g., the roof, structure or risers). This distinction affects who must act, who pays and which remedies to pursue.

This article explains, in clear terms, what a hidden defect is in Quebec, how to prove it and the steps to take. You will also see the role of the board of directors and the syndicate, as well as the importance of the declaration of co-ownership (DCV), the minutes of the annual general meeting (AGA), the maintenance logbook (EUC) and the contingency fund in managing risks and repairs.

What is a hidden defect in a Quebec condo?

In Quebec, the legal warranty against hidden defects arises from the Civil Code of Quebec. A hidden defect is a serious defect that:

• existed at the time of the sale;
• was not apparent upon a prudent and reasonable inspection;
• was unknown to the buyer;
• would have led a reasonable buyer to pay less or not buy.

In divided co-ownership, the concept applies equally to a private portion (e.g., water infiltration through the seal of your exclusive window) and to a common portion (e.g., a waterproofing defect in the building envelope) if the sale concerned a fraction affected by the defect.

Useful legal points to remember (paraphrased from the C.C.Q.):

• The non-professional seller may be unaware of the defect; they are nevertheless liable if the criteria are met. A professional seller (e.g., a developer or contractor) is presumed to know of the defect, which makes the buyer’s burden of proof easier.
• The buyer must notify the seller of the defect within a reasonable time after discovering it, to give the seller an opportunity to inspect and repair it.
• The action is generally prescribed three years from the discovery of the defect (extinctive prescription), subject to specific rules.

To consult the applicable provisions (including sections 1726, 1729, 1739, 1077 and 2925 C.C.Q.), refer to the Civil Code of Quebec on LégisQuébec:

• LégisQuébec – Civil Code of Quebec: https://www.legisquebec.gouv.qc.ca/ (see the cited sections)

Private portions vs. common portions: who is responsible?

Your declaration of co-ownership and the plans determine the dividing line between private portions and common portions (as well as restricted-use common portions, such as a balcony). This boundary is decisive in determining who must intervene.

• Private portions (e.g., interior finishes, certain windows if the declaration of co-ownership classifies them this way): the buyer co-owner invokes the warranty against the seller of their fraction. If the defect originates in a common portion (e.g., infiltration from the masonry), the syndicate could also be involved in the diagnosis and corrective work.
• Common portions (e.g., the structure, roof, facades and risers): the syndicate of co-owners acts through the board of directors. The syndicate may be held liable if a design, construction or maintenance defect in the common portions causes damage to the private portions, under the Civil Code of Quebec (e.g., liability for defects in common portions and resulting damage).
• Restricted-use common portions (e.g., a balcony or assigned outdoor parking space): the declaration of co-ownership often specifies how costs and work are allocated. It must be read carefully before identifying the proper remedy.

Governance tools that help resolve and prevent disputes:

• Minutes of annual general meetings and board of directors meetings: they document the history of known problems, expert mandates and decisions.
• Maintenance logbook (EUC) and studies: they plan interventions and document preventive inspections.
• Contingency fund: it finances major repairs and the replacement of common portions. It is not a “remedy” in itself, but a source of funding when the syndicate is liable or an intervention is required.

For good practices in managing common portions, see the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ) for useful guidance and training:

• RGCQ – Resources for co-ownership

Your remedies in the event of a hidden defect: the process

Here is a practical sequence of actions commonly followed by co-owners and syndicates.

1) Document and diagnose

• Photograph and date the signs of the problem (stains, cracks and leaks).
• Keep relevant invoices and correspondence.
• Where necessary, retain an expert (engineer, architect or technologist) to prepare a report. In a co-ownership, involve the board of directors promptly when a common portion may be involved.

2) Give notice without delay (notification)

• Send written notice to the seller (a formal demand) describing the defect, its impact and the expected corrective work. For common portions, formally notify the board of directors so it can commission an expert assessment and, where applicable, notify the developer, contractor or insurer.
• Notice must be given within a “reasonable time” after discovery, as provided under the C.C.Q. A clear formal demand opens the door to negotiation and demonstrates your diligence.

3) Coordinate with the syndicate (if common portions are involved)

• Ask for the matter to be added to the agenda of the next annual general meeting; if there is no urgency, the board of directors may call a meeting or special meeting.
• Require decisions and follow-ups to appear in the minutes (commissioned expert assessment, budgetary reserve, call for tenders, notice to the developer, etc.).
• Check whether the contingency fund is adequate and whether the maintenance logbook (EUC) is up to date to plan the corrective work.

4) Negotiate a solution

• Give the seller or contractor an opportunity to inspect the defect and propose a correction.
• Prioritize a written agreement (deadlines, scope of work and warranties). In a co-ownership, the board of directors ensures compliance, safety and coordination with occupants.

5) Legal proceedings if necessary

• If negotiation fails, you may bring an action for a reduction of the sale price, cancellation (resiliation) of the sale or damages for expenses related to the defect, depending on its seriousness and the evidence.
• Several lower-value matters may be brought before the Small Claims Division. Amounts and procedural deadlines should be verified as of 2026-05-22.
• In a co-ownership, parallel claims may target the developer, contractor, their professionals or the syndicate if negligence in maintaining or managing the common portions is established.

For the legal basis of these steps (e.g., reasonable notice and the types of repairs or compensation available), consult the Civil Code of Quebec on LégisQuébec:

• LégisQuébec – Civil Code of Quebec

Need help organizing your notices, minutes and calls for tenders? See our administrative and financial management services:

• multiRent – Administrative management
• multiRent – Financial management

Developers, contractors and new condos: specific remedies

For a new building, certain defects may be covered by the Garantie de construction résidentielle (GCR) plan, under the supervision of the RBQ. Deadlines and coverage differ depending on whether the issue involves apparent construction defects after acceptance, non-apparent construction defects (hidden defects) or major defects affecting the structure.

• Notify the developer and the plan administrator promptly if applicable.
• Follow the plan’s forms, steps and timelines.
• Keep all notices and expert reports; keep the board of directors informed regarding common portions.

For the plan’s exact terms and exclusions, refer to the RBQ:

• RBQ – Garantie de construction résidentielle plan

For an existing condo, the legal warranty against hidden defects applies under the C.C.Q., with the stricter presumption applying to the professional seller. An independent expert assessment remains central to establishing the existence of the defect, that it predated the sale, and the connection with the loss of value or repair costs.

Preventing disputes: good practices for the board of directors and buyers

Prevention for buyers

• Have the unit inspected and, if possible, critical common components (visible roof, underground parking and mechanical rooms). A prudent inspection does not require demolition, but it does cover reasonably accessible areas.
• Review the minutes of annual general meetings and board of directors meetings from recent years to identify recurring problems (infiltration, cracks, noise and equipment nearing the end of its service life).
• Assess financial health: budget, common expenses, the condition of the contingency fund, maintenance logbook (EUC) planning and any recent study.
• Review the declaration of co-ownership and the by-laws of the immovable to understand the private/common portion boundaries and maintenance obligations.
• Request the seller’s declaration (in a brokerage context) and compare it with the inspection findings and minutes. See the OACIQ recommendations:
  • OACIQ – Seller’s declaration and advice for buyers

Prevention for the board of directors / syndicate

• Update the maintenance logbook (EUC) and schedule periodic inspections of at-risk components (facades, membranes, risers and drains).
• Fund the contingency fund adequately for foreseeable replacements; avoid financing maintenance shortfalls through improvised special assessments.
• Standardize tendering, new-unit onboarding and work-acceptance procedures.
• Systematically document every problem, notice received and corrective decision in the minutes.
• Communicate regularly with co-owners through written notices to avoid misunderstandings.

To stay informed about best practices and our management advice, browse our blog:

• multiRent Blog – Condo management in Montreal

FAQ – Hidden defects in co-ownership

Q1. A defect is discovered in a balcony (restricted use): who brings the claim and who pays?

– Answer: First check the declaration of co-ownership to determine whether the balcony is a restricted-use common portion or a private portion. If the defect results from a design or execution defect in the slab (a common portion), the syndicate, through the board of directors, leads the expert assessment and coordinates claims against the developer or contractor. Costs will be allocated based on the established liability and the provisions of the declaration of co-ownership.

Q2. Can I stop paying my condo fees during the dispute?

– Answer: No. Common expenses (condo fees) and approved assessments remain payable. Stopping payment complicates your case and may lead to collection measures. Instead, pursue your remedies in parallel (negotiation, formal demand and legal action).

Q3. What is the deadline to act?

– Answer: Notify the seller within a reasonable time after discovering the defect. The civil action is generally prescribed three years from discovery of the defect (section 2925 C.C.Q.; verify on LégisQuébec). Also comply, where applicable, with the timelines under a warranty plan for a new building.

Useful references

• LégisQuébec – Civil Code of Quebec (hidden defects, prescription and common portions)
• RBQ – Garantie de construction résidentielle plan
• OACIQ – Seller’s declaration
• RGCQ – Co-ownership resources

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? Explore our plans or contact us to assess your needs.