Urgent Condo Work in Quebec: Board Authorization

Water damage, a major heating failure in the middle of winter, an unstable balcony or a broken water entrance often require urgent work in a divided co-ownership. In these situations, the board of directors must act quickly to protect people and the building. But how far does its authorization power extend? How can these interventions be financed without contravening the declaration of co-ownership (DCO) or the Civil Code of Quebec?

This article provides a clear overview of the board’s authorization of urgent work, the process to follow and the possible sources of financing in the Quebec and Montreal context.

The legal framework: the duty to preserve the building and act in an emergency

The syndicate of co-owners is responsible for preserving the building and ensuring the maintenance and administration of the common portions (see section 1039 of the Civil Code of Quebec). In this role, the board acts as an administrator of the property of another and must take the necessary measures, particularly when a risk threatens the safety or integrity of the building.

In an emergency, the board may authorize without delay the work required to:

• Eliminate a danger to people;
• Prevent or limit serious damage to the common portions or private portions;
• Restore essential services (heating, water, electricity and fire safety).

When the situation requires it, access to a private portion may be necessary to locate a leak or shut off a supply. However, the intervention must be proportionate, documented and, if possible, carried out in the presence of a syndicate representative. Co-owners must be informed of the reason, the nature of the work and the planned follow-up.

For the general rules applicable to divided co-ownership and co-owner contributions, consult the Civil Code of Quebec (see LégisQuébec) and, for financing major work, the provisions relating to the contingency fund (see sections 1064 and 1071 of the Civil Code of Quebec).

• LégisQuébec – Civil Code of Quebec

Who authorizes urgent work: the roles of the board, officers and condominium manager

• Entire board: ideally, the board adopts a resolution in writing or at an emergency meeting (virtually if necessary). This resolution specifies the emergency, the contractor retained, the estimated budget and the planned follow-up.
• Board officers: if bringing the entire board together would unduly delay the intervention, the president or an officer designated by the DCO may authorize the essential protective measures, subject to prompt ratification by the board.
• Condominium manager: where provided for in a management mandate, the condominium manager may initiate interventions up to a certain threshold and immediately notify the board. Check the authorization limits in your service agreement and DCO.
• Co-owner: if the syndicate fails to intervene and there is imminent danger, a co-owner may take necessary and reasonable measures to safeguard the building, while preserving evidence and notifying the syndicate without delay. The board will then assess the claim in accordance with the DCO and the Civil Code of Quebec.

In all cases, the board must report back to the co-owners, include a report in the minutes of its next meeting and, where necessary, have the intervention ratified at the annual general meeting.

The six-step operational process

1. Assess the risk and stabilize the situation
   • Confirm the nature of the emergency: safety, infiltration, essential service or structure.
   • Shut off supplies (water, electricity and gas) if necessary.
   • Promptly notify affected co-owners and, where necessary, the entire building.
2. Authorize and retain
   • Make an emergency decision (by the board, an officer or the condominium manager, depending on their powers).
   • Define a scope of work and a provisional budget.
   • Choose a duly licensed and insured contractor.
3. Select compliant contractors
   • Check the RBQ licence and liability insurance coverage.
   • When time permits, seek at least two brief quotations.
   • Require signed work orders and before-and-after photos.
4. Carry out and document the work
   • Ensure secure access to private portions, where necessary.
   • Document every step: photos, messages, purchase orders and hours.
   • Open an “insurance claim/urgent work” file in the syndicate’s records.
5. Recover and repair
   • Report the claim to the syndicate’s insurer, if applicable.
   • Carry out drying and decontamination, followed by temporary and final repairs.
   • Inspect and, if required, retain a professional (engineer or architect).
6. Report and ratify
   • Submit a report to the board minutes with the invoices and cost analysis.
   • Inform the co-owners and, where necessary, propose ratification at the annual general meeting.
   • Update the maintenance logbook / contingency fund study if the intervention affects major components.

Useful resources:

• RBQ – Home
• RBQ – Licence Register
• RGCQ – Co-ownership resources

Financing urgent work: what options are available and in what order?

Financing depends on the nature of the work, its connection with routine maintenance, major repairs or the replacement of components, as well as the amounts involved. The board must rely on the approved budget, the DCO and the Civil Code of Quebec when choosing the appropriate source.

Key principles to keep in mind:

• Common expenses and condo fees: used for routine maintenance and minor repairs.
• Contingency fund: intended strictly for major repairs and the replacement of common portions (see section 1071 of the Civil Code of Quebec). It may be used if the urgent work falls into this category.
• Special assessment: possible when budgeted amounts and the contingency fund are insufficient or inappropriate.
• External financing: a line of credit or loan to the syndicate, governed by a board resolution or, depending on the DCO, approval at a meeting.

Here is a comparative overview:

Taxes and tax compliance: contractor invoices generally include GST/QST. Recovery or accounting treatment varies depending on the syndicate’s situation and the work involved. Refer to the applicable guidance:

• Revenu Quebec – Taxes

When should the contingency fund be used?

You may allocate contingency fund monies if the urgent intervention concerns a common portion and constitutes a major repair or an anticipated replacement of an item listed in the maintenance logbook / contingency fund study. For example, a partial and urgent replacement of a water supply riser may qualify if the asset plan identifies it as a major component.

How should a special assessment be allocated?

Unless the DCO or the Civil Code of Quebec provides otherwise, assessments are allocated according to the relative value of the fractions (see section 1064 of the Civil Code of Quebec). The board must clearly explain the calculation, payment schedule and consequences of late payment. Transparency reduces disputes and facilitates collection.

Documentation, transparency and compliance

Good documentation protects the syndicate and the board. Adopt the following practices:

• Emergency resolution: retain the wording, date and list of directors contacted.
• Complete file: photos, emails, work orders, invoices and professional reports.
• Insurance: proof that the claim was reported, the insurer’s responses, payments and deductibles.
• Communication: notice to co-owners explaining the emergency, cost, financing and next steps.
• Governance: include a detailed item in the board minutes and, where applicable, ratification at the annual general meeting. These elements support the syndicate’s certificate when a sale takes place.

Need help structuring your decisions, calls for tenders and reporting? See our administrative management and financial management services. You can also browse our blog or learn more about us.

Frequently asked questions (FAQ)

Q1. Can the board enter a private portion without the co-owner’s consent in an emergency?
Yes, when this is necessary to prevent serious damage or danger and access is reasonable and documented. The intervention must be limited to correcting the emergency, with proper records and notice to the co-owner.

Q2. Are three quotations required for urgent work?
No, an emergency allows the board to move more quickly. However, check the RBQ licence and the contractor’s insurance and, if possible, obtain more than one quotation when time permits. Document the reason for the choice.

Q3. Who pays the insurance deductible following an urgent claim?
It depends on the nature of the damage, the insurance in place and the allocation rules set out in the Civil Code of Quebec and the DCO. The board must review the file and explain its decision, relying on the insurance documents and applicable regulations.

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 is not a substitute for advice from a tax specialist or accountant. Refer to Revenu Quebec and the CRA for the exact rules.

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