Did you know that the first laws governing condominiums in Quebec were introduced back in 1969? About 50 years later, it was only natural that new legislation would be adopted to modernize and adapt this growing part of our real estate market. Today, three major laws regulate condominiums: Law 16, Law 122, and Law 141. Let our “condo sheriffs” walk you through their key features.

Law 16 with Legault-Dubois
Maintaining a building requires significant funds, and unfortunately, too many condominium corporations have neglected to set aside the money needed to properly care for their properties. That’s exactly why Law 16 was adopted.

This law requires condo boards to carry out a reserve fund study to ensure the necessary amounts are calculated and available to meet the building’s maintenance and repair needs in the years ahead. This way, owners can maintain the property without being hit by unexpected special assessments.

It also prevents unfair situations where early owners benefit from low condo fees while the building is new, only to pass hefty bills on to future buyers when major repairs or replacements become necessary.
In short, Law 16 promotes fair and forward-looking management, ensuring that all co-owners contribute their fair share to the upkeep of the building.

Law 122 with Groupe ABS
Adopted on December 2, 2010 and in force since March 18, 2013, Law 122 modernizes building safety standards in Quebec. It amends the Building Act by requiring mandatory periodic inspections of certain elements in buildings, particularly façades and multi-level parking garages, for properties of five storeys or more.

These inspections must be carried out by an engineer or architect and documented in an official report. The first façade inspection must take place within 10 years of construction, then every 5 years thereafter. For parking garages, the first inspection is required within 5 years, with the same 5-year frequency afterward, plus annual visual checks.

Any deficiencies found must be corrected within a reasonable timeframe, and the RBQ (Régie du bâtiment du Québec) can impose penalties for non-compliance. This law significantly strengthens safety, preventive maintenance, and accountability in condominium management.

Law 141 with CAP Immobilier
Adopted in June 2018 and effective since April 2021, Law 141 introduced major changes in condominium insurance requirements. It obliges condo boards to purchase insurance covering the full reconstruction cost of buildings in the event of a major loss.

Every five years, this reconstruction value must be assessed by a certified appraiser (OEAQ). Since April 2022, a self-insurance fund, separate from the reserve fund, is also required to cover insurance deductibles. This fund must equal twice the highest deductible listed in the insurance policy.

The law also requires a minimum civil liability insurance of $1 million for condos with 12 units or fewer, and $2 million for those with 13 units or more. In addition, the condo board must carry directors’ and officers’ liability insurance.

Finally, a detailed description of private portions of the building, including their original condition, is now mandatory. This makes it possible to distinguish between personal improvements and original features in the event of a loss, ensuring accurate insurance coverage for individual owners.