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Monday September 29 2025

Syndicate Attestation: Everything you need to know as a director or seller

With differing opinions among various players in the condominium industry regarding the implementation of the regulation bringing the Attestation into effect, both in terms of when it should be produced and recommendations regarding its content, here is some additional information that will allow you to form your own opinion.

So, if you are a manager or are thinking of selling your condo, here is what you need to know about the proposals put forward by the AQGC.

1.BACKGROUND INFORMATION

The syndicate certificate is a tool for transparently communicating information that a potential buyer normally needs in order to make a decision about purchasing a condo.

The role of the syndicate and the manager is not to interpret or advise, but rather to provide objective and known information contained in the condominium registry. The syndicate must be transparent about what it knows, but should not predict the future or interpret information.

In fact, the syndicate must adopt a “neutral” stance, as it must not harm either the seller or the buyer, which can easily place it in a delicate situation and involve it in potential litigation if it provides too much information in its attestation.

2. GOVERNMENT REGULATIONS DICTATE THE CONTENT OF THE ATTESTATION

The syndicate must therefore be cautious, which is why the AQGC recommends using the Société d’habitation du Québec (SHQ) attestation, which includes the elements required by the regulations implementing Bill 16 and meets the legal obligations set out in this bill.

You will see that the standard attestation form proposed by the RGCQ contains much more information, as it includes what is required by the regulations, what was included in the DRCOP in the past, and even more. We urge you to be very careful if you choose to complete this type of attestation, keeping in mind that any information certified by the syndicate could expose it to the risk that a seller or buyer may feel aggrieved, thereby engaging the liability of the board of directors that signed the certificate.

3. ANNUAL ATTESTATION IS POSSIBLE, AS THE ATTESTATION HAS NO “EXPIRATION DATE”

Government regulation requires the syndicate to produce an attestation and the seller to provide it to a prospective buyer in a timely manner, but they do not specify how long it remains valid. The attestation is valid as long as the information it contains is accurate and reflects reality at the time it is produced and signed by an authorized person.

Given that the certificate contains a wealth of historical data on a condominium to guide the buyer in their purchase decision, the AQGC has proposed a practical approach aimed at limiting the amount of work involved in producing these certificates, while facilitating access to information for the buyer and respecting the freedom of choice of a person who wants an attestation dated the day of purchase.

The AQGC proposes that syndicates prepare a free annual attestation issued following the annual meeting to facilitate the sale of condos throughout the year. Up-to-date attestations could also be produced, at the request of a seller or a prospective buyer who has made a promise to purchase, when the latter assume the costs of production.

This proposal is possible in Quebec because the attestation required by law does not impose any specific data on the condo unit.

In fact, the only information concerning the condo unit relates to claims affecting it. However, since the regulation also states that claims affecting at least one common area must be reported, the AQGC has recommended that its members report all claims involving the building, since most of them inevitably affect at least one common area (wall between two condos, plumbing, etc.).

That said, the lifespan of an attestation should not be exaggerated: if a significant change occurs in a condominium, the board of directors would be wise to inform the co-owners by memo so that they can disclose this information themselves in their “seller’s declaration,” or take the opportunity to officially update the syndicate’s free attestation.

4. BE CAREFUL WITH THE DRCOP FORM

Until now, real estate brokers used the DRCOP form (recommended by the OACIQ) to obtain additional information from syndicates. This information concerned the building, finances, disputes, and a host of details specific to the co-owner selling the property.

Problem: much of the information requested went too far and could place the syndicate in a delicate position, given that it must not harm either the seller or the prospective buyer, and that it does not have a crystal ball to predict the future.

Result: several syndicates, having filled out the form in good faith, were sued in small claims court by a buyer for various reasons.

Let’s not forget that once the syndicate’s has been sent to the real estate broker, it is the broker who has a duty to advise their client, as they represent only one party: the buyer or the seller.

The syndicate’s role is solely to facilitate access to information, which is why the syndicate’s attestation was introduced.

The AQGC believes that if this DRCOP form continues to exist, it is up to the broker, together with the seller, to complete it and assume responsibility for it. With the advent of the attestation and digital portals such as UpperBee, the information is now easily accessible to them.

5. EXPECTED COSTS

Preparing a one-time attestation dated today requires time and diligence. Condominium syndicates and their managers will therefore charge reasonable fees to produce it, hence the advantage of an annual attestation provided free of charge by the syndicate, so that owners/sellers can easily (and at no cost) provide it to interested prospective buyers in a timely manner, as required by law (1068.1 C.c.Q.).

It should be noted that the sale of a condo can take several months. This pragmatic approach to the annual attestation therefore provides a solution that complies with the law but is economical, avoiding unnecessary burdens on the syndicate (and its manager, if applicable) in terms of heavy document production.

Then, any prospective buyer who submits a promise to purchase and who wants a “current” certificate because they consider it useful for providing informed consent may make their offer to purchase conditional on obtaining this document. Since they recognize its value, they will not mind paying to receive this attestation (any more than they mind paying for a pre-purchase inspection).

6. COMPARISON WITH ONTARIO AND THE ‘’STATUS CERTIFICATE’’

In Ontario, the ‘’status certificate’’: is also used by notaries to make adjustments to common charges, as it contains data specific to the condominium unit. There is also another document produced annually that contains information similar to that requested in the Quebec attestation particularly with regard to the contingency fund.

It is therefore clear that a status certificate dating back several months would not be acceptable in Ontario and could be detrimental to the parties involved and could engage the liability of the syndicate that issued it, since the notary bases his work on some of this information.

In Quebec, we have section 1069 C.c.Q., which allows the notary to request confirmation from the syndicate in order to obtain, in particular, the balance owed in relation to common expenses. This confirmation from the notary is a separate document from the syndicate’s attestation.

It is therefore this distinction that allows for the possibility of an annual attestation in Quebec.

IN CONCLUSION

The AQGC advocates for a balanced and transparent approach: an annual attestation produced by the syndicate, supplemented as needed by ad hoc certificates.

This reassures buyers while avoiding unnecessary financial burden on co-owners who are selling, as well as extra work for volunteer directors and managers.

When properly understood and applied, the syndicate attestation can become a useful and reliable tool that protects the buyer, your transaction, and community life in the condominium

If you agree with the AQGC’s position, we invite you to join us in our efforts to gain legitimate recognition for the concept of annual attestation.

Contribute to the conversations on this topic that are taking place on social media and spread the word: