Summary
- A Government Regulation, Applied With No Transition Period
- What Buyers Can Require Since August 2025
- The Syndicate’s Certificate Puts Numbers on What a Visit Can’t Show
- Fifteen Days for the Syndicate, a Delay to Plan for in the Promise
- The Deposit on a New Condo Must Be Fully Protected
- Maintenance Log and Fund Study, the August 15, 2028 Deadline
- In Mont-Tremblant and Saint-Sauveur, the Certificate Weighs on Price
- Four Steps Before Signing in Divided Co-ownership
- FAQ
Key takeaways: Three things have changed for divided co-ownership since August 14, 2025. The seller provides the syndicate’s certificate, which puts figures on the contingency fund, the work planned over 10 years and the deductible. The deposit on a new condo is fully protected. Syndicates have until 2028 to obtain the maintenance log and the contingency fund study.
On July 30, 2025, the Gazette officielle published four pages that would change how a condo is bought under divided co-ownership. Two weeks later, the seller’s stack of meeting minutes was no longer enough: a document signed by the syndicate was now required.
People call them the “new OACIQ rules.” They actually come from the government; the OACIQ, which regulates brokers, drew up the procedure to follow.
A Government Regulation, Applied With No Transition Period
In short: Every sale of a divided condo is covered, with or without a broker.
The regulation made by Order in Council 991-2025 details three obligations the Civil Code has provided for since the 2019 reform: the syndicate’s certificate, protection of the deposit on a new condo, and the maintenance log along with the contingency fund study.
According to the OACIQ guide on these new rules, any seller who accepts a promise to purchase on or after August 14, 2025 must provide the certificate, with or without a broker.
What Buyers Can Require Since August 2025
In short: Before the reform, buyers requested documents from the syndicate at their own expense; they are now entitled to a standard snapshot, dated and signed.
The Société d’habitation du Québec (SHQ) summarized the changes in a before-and-after overview of the regulation (in French), read here from the buyer’s side:
| Topic | Before August 14, 2025 | Since August 14, 2025 | What the buyer should ask for |
| Syndicate’s certificate | None; documents requested from the syndicate at the buyer’s expense | Mandatory, delivered within 15 days, minimum content set | The signed certificate, before waiving conditions |
| Deposit on a new condo | Protected by a guarantee plan, insurance or a surety | Same rule, plus a trust deposit with a designated professional | Written proof of the protection |
| Maintenance log | No requirement | Prepared by a professional, updated every year | The log, or its expected date |
| Contingency fund study | No requirement | At least every 5 years, over a 25-year horizon | The most recent study |
The first row shifts the balance of power: buyers no longer depend on the syndicate’s goodwill.
The Syndicate’s Certificate Puts Numbers on What a Visit Can’t Show
In short: Section 10 of the regulation sets the content of the certificate, and two lines signal upcoming fee increases.
The minimum content, in the order a buyer should read it:
- The actual contingency fund, next to the amount recommended by the study. A large gap points to higher condo fees or a special assessment.
- Major repairs planned over 10 years, with their estimated date and cost. A roof to redo in two years weighs more than a dated kitchen.
- Common expenses required and paid over three years, cash on hand, the budget and the last three annual financial results.
- Inspections, insured losses and work carried out over the last five years.
- Pending disputes and amendments to the declaration of co-ownership over the last three years.
If it is undated, or lacks the signature, name and title of the signatory, the certificate does not comply with the regulation.
What the Certificate Says About the Syndicate’s Insurance
The certificate confirms that the syndicate holds the policies required by article 1073 of the Civil Code, and gives the self-insurance fund and the highest deductible under its insurance.
That last figure affects your own policy: if water damage starting in your unit triggers that deductible, your insurer will tell you what share falls to you.
Fifteen Days for the Syndicate, a Delay to Plan for in the Promise
In short: The promise to purchase must leave the syndicate its 15 days, plus time to read the certificate.
The OACIQ recommends that the seller’s broker request the certificate as soon as the brokerage contract is signed. If it is missing when the promise is drafted, the broker adds a condition under clause 9.1, “Review of documents by the buyer,” of the condo-specific form, taking the syndicate’s 15 days into account.
A ten-day review period, accepted when no one has yet requested the certificate, can expire five days before it arrives.
The Request for information to the syndicate of co-owners form (RIS) does not replace the certificate, the OACIQ points out. The SHQ’s explanatory guide (in French) calls for it to be updated at least once a year, and whenever information becomes outdated.
The same guide flags a little-known rule: in a new building, the certificate can only be required once a new board of directors has been appointed, after the developer has left the syndicate.
Touring condos this winter and the listing says nothing about the certificate? A broker who represents the buyer can request it before the offer and go through it with you.
The Deposit on a New Condo Must Be Fully Protected
In short: The deposit on a new condo is 100% covered, and with a trust deposit, buyers hand it to the professional themselves.
On a resale, the deposit goes into the trust account of the broker or their agency, the OACIQ notes. A new condo, sold under a preliminary contract, falls under a different rule: article 1791.1 of the Civil Code requires the deposit to be fully protected by a guarantee plan, insurance, a surety or a deposit in trust.
With a trust deposit, the developer mandates the professional, but the buyer pays the deposit to that professional directly; under no circumstances can the developer do it in the buyer’s place. If the condo is not delivered on the agreed date, the deposit must be refunded.
A cheque made out to the developer is not necessarily irregular, but it calls for a written question: what covers this amount?
Maintenance Log and Fund Study, the August 15, 2028 Deadline
In short: Syndicates have until August 15, 2028, and the study can push condo fees up.
According to the SHQ guide, boards of directors have until August 15, 2028 to obtain the maintenance log and the contingency fund study. Once the study is received, the board has 30 days after the annual meeting to set the contributions, and no more than ten years to build up a sufficient fund.
Illustrative example: a 24-unit condo building in Sainte-Adèle receives its study in 2027; the fund holds $180,000 and the study recommends $310,000. The $130,000 gap works out to about $5,400 per unit if shares are equal, or roughly $45 more per month over ten years, before any special assessment.
Buying in a building with no study means buying an increase that is still unknown. Ask whether the study has been ordered, and have the building examined through a well-targeted pre-purchase inspection. A duplex or cottage held in undivided co-ownership is not subject to these rules; what that means for the contingency fund is covered in a related article on choosing between divided and undivided co-ownership.
In Mont-Tremblant and Saint-Sauveur, the Certificate Weighs on Price
In short: In resort towns, condos lead sales, and the length of a sale changes how the certificate should be read.
In Mont-Tremblant, 224 condos sold over the 12 months ending September 30, 2026, compared with 151 single-family homes, according to Centris statistics. Those condos stayed on the market for 162 days on average.
After more than five months, a certificate obtained at listing time can be out of date. A roof leak in February, an assessment voted in April, and the document on file no longer reflects the building’s condition. Ask for the most recent one.
Time also plays on price: an actual fund well below the recommended amount can be calculated per unit, as in Sainte-Adèle, and becomes a written negotiating point.
In Saint-Sauveur, Centris counts 55 condos sold over the same period, at 66 days on average. The syndicate’s 15 days represent nearly a quarter of that timeline: the review condition must account for it from the very first offer.
Four Steps Before Signing in Divided Co-ownership
Require a signed, recent certificate, compare the actual fund with the recommended fund, note the work planned over the next ten years and show the highest deductible to your insurer. For a new condo, find out in writing what protects the deposit before writing a cheque. A well-drafted review condition in the promise to purchase in Quebec leaves time for all of this.
The Code provides no penalty for a missing certificate. Have your promise reviewed before signing it and, for any legal question, consult a notary or a lawyer.
FAQ
What has changed for buyers of a divided co-ownership condo since August 14, 2025?
Three things. In divided co-ownership, the seller provides a syndicate’s certificate, delivered within 15 days, that puts figures on the contingency fund, the work planned over 10 years and the highest insurance deductible. The deposit on a new condo must be fully protected, notably through a trust deposit with a notary or a lawyer. Finally, syndicates have until August 15, 2028 to obtain their maintenance log and their contingency fund study.
Can a seller sell a condo without the syndicate’s certificate?
They should not. Article 1068.1 of the Civil Code requires anyone selling a fraction to give the certificate to the promising buyer, with or without a broker, the OACIQ specifies. The article itself sets no penalty; the OACIQ asks brokers to explain to sellers the consequences of a missing certificate and, if needed, refer them to a legal professional. For buyers, a written condition in the promise remains the best protection.
Who can hold the deposit on a new condo in trust?
Four professions. The regulation reserves this role for members of the Barreau du Québec, the Chambre des notaires, the Ordre des comptables professionnels agréés and the Ordre des administrateurs agréés. The developer chooses and mandates the professional, but the buyer pays the amount to them directly, with no intermediary. A trust deposit is only one of four options: a guarantee plan, insurance or a surety can also fully protect the deposit.
How much does the syndicate’s certificate cost, and who pays for it?
No fee is set. Neither article 1068.1 of the Civil Code nor the 2025 regulation puts a price on the certificate; the SHQ guide only states that the syndicate provides it to the seller without condition, within 15 days. The seller is the one who requests it, since the obligation to provide it is theirs. Other documents the buyer requests from the syndicate remain at the buyer’s expense under article 1068.2.
