Bill 20: Concerns Raised Over the Exemption Regime
A Concerning Step Back in Maintenance Planning and Financial Management for Co-ownerships
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Bill 20: Adjustments Raising Concerns
Bill 20, which aims to promote access to housing, contains several provisions that directly affect co-ownership in Québec. Among these, amendments to the Civil Code modify certain obligations already introduced in the wake of the reform of Bill 16, particularly regarding the maintenance log and the management of the contingency fund (pp. 12–13 of the bill).
The text provides, in particular, that the maintenance log must be prepared by a licensed professional and kept up to date and reviewed periodically by the board of directors, while allowing for exemptions that could be defined by regulation.
A Criticized Exemption Regime
However, it is the issue of exemptions that is raising concerns for the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ).
As noted by the Chair of the Board, Me Yves Joli-Cœur, during parliamentary consultations, the introduction of such a regime represents “a step backward,” sending, in his view, an ambiguous signal regarding the importance of these essential planning tools.
The RGCQ emphasizes that even small co-ownerships include common components that require rigorous maintenance planning, whether it be a roof, a drainage system, or a water entry. In this context, allowing exemptions risks undermining the objectives pursued by the recent reform.
Exemptions Difficult to Frame
The organization also highlights the difficulty of clearly identifying which co-ownerships could qualify for an exemption regime. As was mentioned in committee, “exception cases are really hard to find,” raising issues of application and consistency.
Furthermore, according to the RGCQ, the introduction of exemptions could recreate conditions that contributed to the deficiencies observed in the real estate stock, precisely those the legislator sought to correct.
Favouring Modulation Over Exemption
The organization nevertheless acknowledges that certain requirements may represent a challenge for smaller co-ownerships or those with particular characteristics. In such cases, it believes that the current framework already allows for some degree of flexibility, without the need to introduce a formal exemption regime.
From this perspective, efforts should instead focus on adjusting implementation modalities, in order to ensure both the rigour of practices and their adaptation to on-the-ground realities.
A Structural Issue for the Co-ownership Sector
As Québec counts more than 435,000 co-ownership units, the RGCQ stresses the importance of maintaining clear, consistent rules applicable across the entire sector, rather than multiplying exceptions.
Bill 20 thus opens an important debate on the balance to be struck between regulatory flexibility and rigorous oversight, in a context where maintenance planning and the financial health of co-ownerships remain central issues.
In conclusion
The Coalition recommends maintaining the universal nature of planning instruments, while acknowledging the possibility of regulated flexibility in their application. This approach aims to preserve the consistency of the system, the quality of information, and the objectives of public protection.
▶️Consult the brief submitted by the RGCQ regarding Bill 20 [In French only].
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