Restricted-Use Common Portions in Quebec Co-ownership
17/05/2026Loi 16 Condo Work Planning: Building Study and Budget
18/05/2026Quebec Condo Sale Disclosures: Required Documents
Selling a condo in a divided co-ownership in Quebec involves specific disclosures and a set of documents to provide to the buyer. Preparing your file properly reduces delays and the risk of disputes. This article provides a practical overview of Quebec condo sale disclosures and the essential documents to provide.
Freshness note: content up to date as of 2026-05-18.
Why disclosures are essential when selling a condo
In Quebec, the seller must inform the buyer of any important fact that could influence the buyer’s consent or the value of the unit. In a divided co-ownership, these facts concern both the private portion (your unit) and the building and common portions. Failing to disclose information can lead to a claim for a latent defect, a reduction in the purchase price, or even cancellation of the sale.
The Civil Code of Quebec provides for the seller’s warranty of quality, which covers serious latent defects unknown to the buyer, among other things (see section 1726 C.C.Q.). When you know about a problem, you must disclose it clearly; otherwise, the buyer could claim that the defect was concealed. In addition, certain common expenses, special assessments or decisions of the board of directors (board) may have a direct financial impact on the buyer and must therefore be brought to the buyer’s attention.
Finally, brokers and notaries rely on forms and supporting documents. An incomplete file delays the promise to purchase and the deed of sale. As a co-owner, gather your information early and coordinate with the condominium manager or the syndicate.
What you must disclose: key disclosures to prepare
Your seller’s declaration must be complete and accurate. At a minimum, it must cover the following co-ownership-specific items:
- Water infiltration, previous water damage, mould or contamination (e.g., pyrite), even if repaired; attach reports and invoices.
- Major work carried out in the unit (plumbing, electrical, load-bearing walls), with permits and proof of compliance, where applicable.
- Insurance claims and losses affecting the unit or the common portions to which your fraction is associated.
- Recurring nuisances (noise, vibrations, odours), soundproofing problems, or known documented conflicts recorded in the board’s minutes.
- Known defects affecting the building: structure, roof, facades, balconies, parking spaces, membranes and elevators.
- Special assessments adopted or under consideration, and any notice received in that regard.
- Known non-compliance (e.g., electric vehicle charging stations installed without the syndicate’s approval, private improvements exceeding the rules in the by-laws of the immovable).
- Litigation involving the syndicate or co-owners, and formal notices of default received or sent.
- Outstanding condo fees, payment arrangements or ongoing disputes.
In practice, the standardized “Seller’s Declaration” used in real estate brokerage helps organize this information. Consult the OACIQ resource to understand the sections and market expectations in Quebec (forms and guides).
- Practical reference: OACIQ – Seller’s Declaration (https://www.oaciq.com/fr/pages/declaration-du-vendeur).
Tip: review the last three annual general meeting minutes and board meeting minutes, the maintenance logbook/study, and the financial statements. These are excellent indicators of issues to disclose. Support your answers with documents: invoices, warranties, expert reports and “before-and-after” photos.
Required documents to provide to the buyer
Certain documents are almost always expected by the buyer and notary. Many are kept in the syndicate’s register, which you can consult or request through the condominium manager.
- Complete declaration of co-ownership (DCV), including the constituting act, the descriptive statement of the fractions and the by-laws of the immovable, as well as all amendments.
- Minutes of annual general meetings and, where necessary, board meeting minutes from the last 2 to 3 fiscal years.
- Approved annual financial statements, plus the current budget; ideally, a note on the contingency fund balance.
- Maintenance logbook study (EUC) and/or maintenance logbook, if available, and planning for major work.
- Proof of the syndicate’s insurance (summary of relevant coverage and exclusions) and, if required, proof of your personal insurance.
- Syndicate certificate (see the following section) indicating, among other things, the status of common expenses and special assessments.
- Recent certificate of location for your fraction, if required for the transaction, or a written agreement regarding its update.
- Recent receipts showing payment of condo fees and special assessments that are due.
The Civil Code requires the syndicate to keep a register containing, among other things, the declaration of co-ownership, plans, minutes, financial statements and technical studies/reports (see section 1070 C.C.Q.). These documents provide the factual basis for disclosures and allow the buyer to assess the building’s condition.
- Legal reference: LégisQuébec – C.C.Q., section 1070 (https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991?section=1070).
Practical advice: if information is not yet available (e.g., a maintenance logbook study in the process of being adopted), explain the situation and provide the known timeline. Transparency prevents misunderstandings when signing at the notary’s office.
The syndicate certificate: contents, purpose and timelines
The syndicate certificate (often requested by the notary) confirms financial and administrative facts that directly affect the buyer. It generally includes:
- The status of common expenses for the fraction: balances payable, arrears and ancillary charges.
- Special assessments adopted and their terms (amount, payment schedule and balance owing).
- Relevant insurance information (deductible and recent losses affecting the building).
- Major work planned according to the maintenance logbook study/maintenance logbook and, where applicable, decisions made at annual general meetings.
- Known proceedings or litigation involving the syndicate.
Why is this crucial? Under the Civil Code, the buyer may be responsible for certain common expenses due at the time of acquisition, and the syndicate has recourse to collect them (see section 1069 C.C.Q.). The certificate clarifies the respective responsibilities of the seller and buyer and prevents surprises when the deed of sale is signed.
- Legal reference: LégisQuébec – C.C.Q., section 1069 (https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991?section=1069).
Timelines and fees: allow a reasonable administrative period, often a few business days, for the certificate to be prepared. Fees may apply, depending on the syndicate’s or condominium manager’s policies. Anticipate this step as soon as you receive a serious offer.
How to obtain it: send a written request to the syndicate or condominium manager, with the seller co-owner’s authorization. Specify the planned signing date, the notary’s name and the list of requested items. An experienced condominium manager will compile information already in the register and confirm the balances.
Process and best practices for a complete sale file
To limit delays and protect your interests, follow a clear sequence as soon as the property is listed:
-
Gather the core documents
- Consolidated declaration of co-ownership and current by-laws, annual general meeting and board minutes for the last 3 years, financial statements and budget, maintenance logbook study/maintenance logbook, and the syndicate’s insurance summary.
- Your private documents: invoices for work, expert reports, permits, warranties and proof of payment of common expenses.
-
Complete the seller’s declaration carefully
- Use a recognized form, attach the schedules and mention ongoing follow-ups (e.g., an upcoming facade assessment). Keep a written record of the information provided.
-
Coordinate early with the syndicate/condominium manager
- Request the syndicate certificate as soon as a promise to purchase is accepted and allow a buffer before the deed of sale. If points remain under review (e.g., a special assessment), update the buyer in writing.
-
Work with the notary
- Send the requested documents promptly and verify the adjustments at closing (adjustments for common expenses, special assessments already due, working capital fund, etc.).
-
Plan for financial and tax matters
- Discuss with your professional how special assessments adopted before the deed of sale will be allocated. As a matter of ordinary law, the person responsible when the amount becomes due pays it; negotiate in writing if necessary (see section 1069 C.C.Q.).
- Assess possible tax implications (capital gain if the condo is not a principal residence, allocation of eligible expenses, etc.). Refer to Revenu Quebec for the reporting rules.
Useful resources:
- LégisQuébec – C.C.Q., section 1726 (warranty of quality/latent defects): https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991?section=1726.
- LégisQuébec – C.C.Q., section 1070 (syndicate register): https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991?section=1070.
- OACIQ – Seller’s Declaration: https://www.oaciq.com/fr/pages/declaration-du-vendeur.
- Revenu Quebec – Capital gain (overview): https://www.revenuquebec.ca/fr/citoyens/impots/votre-situation/gains-en-capital/.
For support, see our administrative management services and transaction document support: multiRent – Administrative management services. Our team regularly works with notaries and brokers to streamline document circulation. On the financial side, our financial management services facilitate the preparation of certificates, financial statements and special assessment follow-ups.
Would you like to explore other topics related to life in a divided co-ownership? Browse our blog for practical guides and regulatory updates.
Frequently asked questions (FAQ)
Q1. Do I have to disclose an old water damage incident that was completely repaired?
Yes. Describe the event and the repairs carried out, and attach supporting documents (invoices and the insurer’s report). The seller’s warranty of quality and transparency protect both parties (see section 1726 C.C.Q.).
Q2. Who pays a special assessment adopted before the deed of sale?
In principle, the person to whom the amount is due at the time set by the syndicate. The buyer may nevertheless be responsible for certain expenses due upon acquisition (see section 1069 C.C.Q.). Include a clear clause in the promise to purchase and confirm it with the notary.
Q3. What should I do if the syndicate is late issuing the certificate?
Follow up with the condominium manager in writing, mentioning the signing date and the list of required items. In the meantime, send the register documents (declaration of co-ownership, minutes and financial statements) to the buyer to reduce the risk of postponement. The notary can also intervene to prioritize the request.
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 Quebec and the CRA for the exact rules.
Do you manage a co-ownership in Quebec? Discover our plans or contact us to assess your needs.
