Routine Maintenance in Quebec Divided Co-Ownership: Who Pays?

Usual and current maintenance (EUC) is part of the daily life of every divided co-ownership: small, recurring tasks that prevent major problems. When properly managed, EUC protects the common portions and private portions, stabilizes common expenses and reduces losses. When poorly managed, it leads to complaints, water damage and unexpected expenses.

In this article, we clarify who pays what and when, how to plan EUC in Quebec, and which documents (DCV, by-laws of the immovable, maintenance logbook) guide you. You will leave with a practical checklist and a simple framework for deciding whether an expense falls to the co-owner or the syndicate.

EUC in Divided Co-Ownership: A Practical Definition and Legal Framework

• EUC: recurring, simple and preventive tasks required to maintain good operating condition. Examples include cleaning, adjustments, visual inspections and minor replacements.
• Repair: corrects a breakage or defect. It may be routine or major, depending on its scope.
• Renovation/improvement: replaces something with something better than what was there (higher quality or added functionality). It is often excluded from EUC.

The Civil Code of Quebec requires the syndicate to ensure the preservation of the building and the administration of the common portions. Common expenses are generally divided according to the relative value of the fractions (see section 1064 of the Civil Code of Quebec). In addition, responsibility for certain damage or insurance deductibles may be claimed from the at-fault co-owner, particularly in cases of failure to maintain (see section 1074.1 of the Civil Code of Quebec, current as of 2026-05-25).

Your DCV and the by-laws of the immovable specify the boundary between common portions, private portions and restricted-use common portions (e.g., balconies). Since the reform known as “Bill 16,” the maintenance logbook and intervention planning have been central to sound management.

• Useful references:
  • Civil Code of Quebec on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/lc/ccq-1991
  • RBQ – Building maintenance: https://www.rbq.gouv.qc.ca/batiment/proprietaires/entretien-dun-batiment.html
  • RGCQ – Resources and best practices: https://rgcq.org/ressources/

Who Pays for What: Common Portions vs. Private Portions

The basic rule: you pay for the maintenance of what you use and/or own, according to the DCV.

• Private portions (the interior of the unit and appliances serving only the unit): EUC is the co-owner’s responsibility. Common examples include HRV or individual air-exchanger filters, traps, interior caulking, shower silicone seals, smoke detector batteries, thermostats or shut-off valves accessible in the unit, and a private water heater if provided for in the DCV.
• Common portions (the structure, building envelope and shared equipment): EUC is the syndicate’s responsibility, paid through common expenses. Examples include cleaning corridors, light fixtures in common portions, maintaining shared systems (central boiler, common ventilation), garage doors, the roof and common storm drains.
• Restricted-use common portions (e.g., a balcony, terrace or window serving a fraction): basic maintenance is often assigned to the co-owner who uses the portion (e.g., clearing snow from the balcony and keeping the drain clear), while major structural repairs remain the syndicate’s responsibility. Check the DCV for the specific details.

A good rule of thumb: ask whether the task concerns the safety, hygiene or normal preservation of the element. If so, it is probably EUC. If the work increases value or goes beyond normal maintenance, it falls under major repair or renovation.

Typical EUC Examples by Responsible Party

• Usually the co-owner’s responsibility:
  • Replace the unit’s air-exchanger filters.
  • Clean the bathroom fan grille.
  • Check and tighten the washing machine hose; replace it if necessary.
  • Flush the unit’s floor-drain trap, if present.
  • Replace the shower silicone seal.
  • Drain and replace the private water heater according to the age indicated in the DCV/by-laws.
• Usually the syndicate’s responsibility:
  • Wash the corridors and elevator, and replace light bulbs in the common portions.
  • Maintain the common sump pump and general backwater valves.
  • Clean the gutters and roof drains, and inspect the roof.
  • Maintain the fire alarm system and common fire extinguishers.

Because every building is unique, always check the DCV, the by-laws of the immovable and, where necessary, the annual general meeting minutes that specify an EUC policy.

When to Pay: Operating Budget, Common Expenses and Contingency Fund

EUC is financed through the operating budget adopted each year at the annual general meeting. Co-owners pay monthly common expenses (condo fees) according to their share. The following distinction applies:

• Operating budget: covers EUC for the common portions, maintenance contracts (cleaning, collective HVAC, landscaping), insurance, administration, etc.
• Contingency fund: finances major repairs and the replacement of common portions (roof, common windows, elevators). It is not for routine EUC.

Under the Civil Code of Quebec, common expenses are generally divided according to the relative value of the fraction, unless the DCV provides otherwise (see section 1064 of the Civil Code of Quebec). When EUC concerns an element serving only one fraction but classified as a common portion (e.g., a private window in a tower with common windows), the DCV may provide for a different allocation or a specific chargeback.

Payment and planning schedule:

• Annual general meeting: adoption of the budget and annual contribution. Assessments are usually paid monthly.
• Maintenance logbook / multi-year plan: distributes EUC by season to level out costs and avoid cash-flow peaks.
• Exceptional calls for funds: should be avoided for EUC; they are intended instead for major unforeseen events. If EUC is properly planned, it remains part of the operating budget.

Tip: document any chargeback to a co-owner for failure to perform EUC (written notice, photographs and a reasonable deadline). In the event of damage, the insurance deductible or costs may be claimed if there is fault or negligence, in accordance with the Civil Code of Quebec (see section 1074.1).

Organizing EUC: Maintenance Logbook, Procedures and Communication

Well-run EUC rests on three pillars: an up-to-date maintenance logbook, clear procedures and good communication.

• Maintenance logbook / EUC: a record of the elements, frequencies, responsible parties and supporting evidence. Build it using manufacturers’ recommendations, warranties, inspections and on-site experience.
• Procedures: who does what, how and within what time frame. Specify escalation to the board of directors if a co-owner neglects an essential task.
• Communication: seasonal reminders, clear notices, sections in the annual general meeting minutes and a web space for documents.

To structure your EUC, a simple table helps you make quick decisions:

Always check the DCV, since certain elements (e.g., water heaters, windows and balconies) may be expressly assigned to a different responsible party.

Need help structuring everything? Discover our operations and maintenance management services: services. You can also visit our blog for more practical guides.

Special Cases: Insurance, Access to Units and Unforeseen Events

• Insurance and deductible: if water damage results from a co-owner’s failure to perform EUC (e.g., an expired water heater despite notice), the syndicate may claim the insurance deductible and certain costs from the at-fault co-owner, based on the criteria under the Civil Code of Quebec and case law (see section 1074.1 of the Civil Code of Quebec).
• Access to units: the DCV generally allows the syndicate, with reasonable notice, to enter to maintain a common element or check for a risk. Refusing access may lead to a chargeback for costs related to the service call or forced access, if provided for in the rules.
• Shared contracts: the board of directors may, through a resolution supported by the DCV, impose a shared contract (e.g., annual cleaning of common ducts) to ensure consistent quality and compliance.
• Mixed-use equipment: certain equipment serving only one fraction but classified as “common” by the DCV creates grey areas. If in doubt, consult the text of the DCV and the plans, and obtain confirmation through a legal opinion.

Official resources for further information:

• Civil Code of Quebec (allocation of expenses and preservation of the building):
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/ccq-1991
• RBQ – Maintenance best practices (prevention and safety):
  https://www.rbq.gouv.qc.ca/batiment/proprietaires/entretien-dun-batiment.html
• RGCQ – Co-ownership information sheets and training:
  https://rgcq.org/ressources/

Mini Seasonal EUC Checklist (Example)

• Spring: check balcony drains, clean gutters (syndicate), test sump pumps, change filters (private/common depending on the case), and visually inspect the building envelope.
• Summer: landscaping, local reca​​​ulking if required, washing common windows and mechanical checks.
• Fall: clean gutters and roofs, close outdoor taps, and remind co-owners about water heaters and washing machine hoses.
• Winter: test fire systems, check that exits are clear, and remind co-owners about condensation and humidity in units.

Keep supporting evidence (invoices, photographs and reports) in the maintenance logbook. This protects the syndicate and facilitates any potential insurance claim.

Quick FAQ

• Can the board of directors charge a co-owner who neglects EUC back to them? Yes, if the DCV/by-laws provide for it and a link between the failure and the cost is demonstrated. Document the notice, the deadline provided and proof of the failure.
• Can the board of directors impose a shared service (e.g., replacing water heaters at 10 years)? It may adopt a policy supported by the DCV and a vote at the annual general meeting. The goal is to standardize loss prevention. The cost may be charged back if it concerns a specific fraction, in accordance with the rules.
• Who decides whether an expense falls to the contingency fund? The nature of the work is the deciding factor: major replacement of a common portion = contingency fund; routine maintenance = operating budget. The contingency fund study and maintenance logbook help resolve the issue.

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

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