Field-by-Field English Completion Reference for the Official Contract for the Management of Divided Co-Ownership The official contract must be completed in French Only This document is a reference guide to help you complete the “Contrat de gestion en copropriété divise” (Contract for the Management of Divided Co-Ownership). In accordance with the laws in the province of Quebec, the official contract can only be produced and completed in French. DO NOT FILL IN THIS DOCUMENT. You must complete THE FRENCH CONTRACT FORM ONLY, while using the present document as section-by-section guidance in English.
INSTRUCTIONS: Each section from the original French form to be completed is translated in English in this completion reference. Complete the original French form alongside this reference guide.
The RGCQ makes no warranty and shall not be held liable for any loss, damage, or harm of any kind, whether direct or indirect, arising from or resulting from any modification made to the clauses of this template by users. Only the version held by the organization shall be considered accurate and authoritative.
A completion reference provided by the Regroupement des gestionnaires et copropriétaires du Québec
A completion reference provided by the Regroupement des gestionnaires et copropriétaires du Québec Divided Co-Ownership Property Management Service Agreement Completion Reference – 2026
TABLE OF CONTENT PREAMBLE
2
1.
MANDATE
2
2.
TERM OF THE AGREEMENT
3
3.
MANAGER'S WARRANTIES
4
4.
SERVICES PROVIDED
5
5.
DESCRIPTION OF THE MANAGER’S USUAL SERVICES
7
6.
COMPENSATION
17
7.
EXPRESS EXCLUSIONS
18
8.
CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
18
9.
MEDIATION AND ARBITRATION
19
10. REPORTING AND ACCOUNTABILITY
21
11. TERMINATION OF THE AGREEMENT
21
12. PENALTY
22
13. INTERPRETATION
23
SCHEDULE A
25
SCHEDULE B
28
Divided Co-Ownership Property Management Service Agreement Completion Reference – 2026 A completion reference provided by the Regroupement des gestionnaires et copropriétaires du Québec
Divided Co-ownership Management Agreement between: NOM DU SYNDICAT :
Enter the exact legal syndicate name as registered
NEQ
Québec Entreprise Number
ADRESSE POSTALE ( No, nom de rue, app/bureau) MAILING ADDRESS (No., Street Name,
Apt./Suite)
VILLE
City
CODE POSTAL
Postal Code
PROVINCE
Province
Hereinafter referred to as the "Syndicate" AND: NOM DU GESTIONNAIRE
NUMÉRO MEMBRE RGCQ
Name of the Manager
RGCQ Member Number
ADRESSE POSTALE (No, nom de rue, app/bureau) MAILING ADDRESS (No., Street Name, Apt./Suite)
VILLE
City
CODE POSTAL
Postal Code
PROVINCE
Province
Hereinafter referred to as the "Manager"
1
Divided Co-Ownership Property Management Service Agreement Completion Reference – 2026 A completion reference provided by the Regroupement des gestionnaires et copropriétaires du Québec
PREAMBLE WHEREAS the Syndicate, representing the community of co-owners, is responsible for the preservation of the immovable held in divided co-ownership, the maintenance and administration of the common portions of said immovable, the safeguarding of rights related to the immovable or the co-ownership, as well as ensuring the proper conduct of operations aimed at protecting the common interests of the co-owners and ensuring that the necessary work for the preservation and maintenance of the immovable is carried out; WHEREAS the Syndicate, represented by its board of directors, wishes to entrust a management mandate to the Manager, in accordance with the specific parameters set forth herein; WHEREAS Québec legislation imposes obligations with respect to the transmission, retention, disclosure, and protection of personal information that may be exchanged in the context of a contractual relationship, including between a syndicate of co-owners and a manager;
1. MANDATE 1.1. The Syndicate hereby mandates the Manager, who accepts said mandate, to manage the affairs of the Syndicate and the building held in divided co-ownership, in accordance with the provisions of its declaration of co-ownership and the law. This mandate covers one or more of the following aspects: • • •
1.2.
Full management (clauses 5.1 to 5.10.5 hereinafter) Financial management, including meetings and assemblies (clauses 5.1 to 5.6 only) Mixed management (administration and community management, but not building management)
Regardless of the scope of the mandate granted to the Manager, the mandate also consists in advising the directors of the Syndicate and implementing the decisions legally made by the board of directors or by the general meeting of coowners, in accordance with their respective powers as set out in the law and the declaration of co-ownership. Throughout the term of the mandate, the Syndicate’s board of directors shall retain its status as the decision-making body and shall support the Manager.
Manager’s initials
Client's initials 2
1.3. The Manager must, at all times, act with prudence and diligence, in the best interest of the Syndicate. The Manager shall comply with any lawful directive issued by the Syndicate and shall ensure that their personal conduct does not, in any way, tarnish the image of the Syndicate in the eyes of the co-owners, suppliers, or the general public.
1.4. To that end, the Manager and the Syndicate’s board of directors have a mutual duty to provide ongoing information to one another regarding the implementation of decisions made and to be made by the board of directors and the general meeting of co-owners, in compliance with obligations relating to the protection of personal information. They therefore undertake to make every effort to establish genuine collaboration between them.
1.5. Should the Manager suspect that the members of the Syndicate’s board of directors are engaging in illegal or abusive acts, the Manager may report such acts by submitting a written notice to the Syndicate.
2. TERM OF THE AGREEMENT 2.1.
,
This agreement is granted and accepted for a period of
From:
2026 DAY/ MONTH
To: DAY/ MONTH / YEAR
2.2.
This agreement shall automatically renew at the end of its term for successive and additional periods of twelve (12) months each, unless written notice
Manager’s initials
Client's initials 3
Divided Co-Ownership Property Management Service Agreement – 2025 A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
to the contrary, with proof of receipt, is given by either party at least sixty (60) days prior to the expiration of the initial term or any renewal. A tacit renewal of the agreement for an additional twelve (12)-month period includes an increase in the cost of services equivalent to the increase in the cost of living at the time of renewal, or a minimum of %, whichever is greater.
3. MANAGER’S WARRANTIES 3.1.
The Manager’s responsibility under this agreement is an obligation of means, not of results.
3.2.
The Manager shall comply with the legal requirements regarding the protection of personal information, and more specifically with the provisions set out in sections 8.1 to 8.5 of this agreement.
3.3. The Manager, in order to ensure the proper conduct of their business, must also be covered by insurance that includes both civil liability and errors and omissions, for a minimum amount of two million dollars ($2,000,000.00). It is the Manager’s responsibility to maintain such sufficient and appropriate coverage at all times, in view of the obligations and responsibilities arising from this agreement.
3.4. The Manager, their employees, and assigns shall only be held liable for claims, losses, and damages arising directly from the services rendered under this agreement to the extent that such claims, losses, or damages result directly from their gross fault or gross
3.5. More specifically, the Manager shall not incur any liability for any failure to perform any of their obligations under this agreement if such failure is caused by an act or omission of the Syndicate, or results from any event beyond their control, such as the failure of one or more director(s) to fulfill their obligations, a fortuitous event, or force majeure.
Manager’s initials
Client's initials 4
Divided Co-Ownership Property Management Service Agreement – 2025 A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
3.6.
Disclosure of conflicts of interest
The Manager undertakes to disclose in writing to the Syndicate, and to keep it informed of any changes, if applicable, regarding related persons, businesses, or companies that could place the Manager in a conflict of interest. Upon the signing of this agreement, the list of persons, businesses, or companies that may represent a conflict of interest, as stipulated above, is as follows :
(List of businesses or companies) 3.7. In the event of a conflict of interest not disclosed by the Manager to the Syndicate, the Syndicate’s board of directors may decide to terminate the Manager’s contract and claim compensation for the damages suffered.
4. SERVICES PROVIDED The Manager’s services are defined as follows: 4.1.
Usual services
These services are those for which the Syndicate grants the present mandate and to which it is entitled under the divided co-ownership management agreement. They are limited to the scope of the Manager’s services as set out in section 1.1 and hereinafter in Schedule A, taking into account the purpose of the Syndicate and the specific mandate granted to the Manager under this agreement. In performing the usual services under their mandate, and with the prior approval of the Syndicate, the Manager may retain the services of any professional, subject to the provisions set out in this agreement.
4.2.
Additional services
These services, although related to the management of a syndicate of co-owners, do not form part of the usual services. The Manager shall carry them out as complementary to their mandate, as set out in section 1.1 of this agreement.
Manager's initials
Client's Initials 5
Such additional services are subject to specific terms and additional compensation, as provided in Schedule A of this agreement. An additional service shall include, in particular, any task specifically identified as such under the terms of this agreement and, without limiting the scope of the foregoing, any other task expressly delegated by the Syndicate as a complement to the usual services. Outside of regular office hours as defined below, any on-site visit or emergency call related to this agreement shall be considered an additional service. Regular office hours: Monday to Friday, from h to h, with the exception of statutory holidays, and the following specific conditions (if any):
The Manager must provide the Syndicate with a detailed invoice listing the additional services for which they are entitled to receive payment from the Syndicate. Any additional service must be subject to a detailed invoice issued within a reasonable timeframe. 4.3.
Specific services
These services are performed outside the scope of this Management Agreement itself (e.g., brokerage, private management, expert assessments, etc.). They are listed in sections 5.2, 5.3, 5.4, 5.5, and 5.6 of this agreement and must be the subject of a separate contract and distinct billing, as agreed upon with the Syndicate.
Manager's initials
Client‘s initials 6
5. DESCRIPTION OF THE MANAGER’S USUAL SERVICES 5.1.
Accounting and records 5.1.1. The Manager undertakes to deposit all amounts collected into a separate bank account opened exclusively for the Syndicate, in any chartered bank, credit union, or financial institution legally authorized to carry out banking operations in Canada. The Manager shall invest the funds administered on behalf of the Syndicate, as instructed by the board of directors, in accordance with the rules governing presumed safe investments. 5.1.2. The Manager undertakes to maintain separate annual accounting records in the name of the Syndicate, to pay invoices, to allocate expenses according to the shares established in the declaration of co-ownership and in compliance with article 1064 of the Civil Code of Québec, to prepare individual statements of account (monthly, quarterly, or semi-annually) for each co- owner, to prepare and send common expense assessments, to collect all amounts payable by co-owners (working capital, contingency fund, self- insurance fund, or other claims owed to the Syndicate), to follow up and send reminders to co-owners in arrears or in default of payment, in accordance with the collection protocol set out in Schedule B of this agreement, and to make recommendations to the Syndicate’s board of directors regarding the initiation of any legal collection proceedings. The parties may agree that the Manager will also provide the Syndicate with financial statements on a monthly ( ) or quarterly ( ) basis. 5.1.3. The Manager undertakes to maintain, for and on behalf of the Syndicate, and to make available to the co-owners, a register containing the name and address of each co-owner and each tenant, the minutes of meetings of the co-owners and of the board of directors, as well as the financial statements. The Manager also undertakes to make available the declaration of co- ownership, copies of the contracts to which the Syndicate is a party, and the invoices for all goods received or services contracted through the Manager on behalf of the Syndicate, and, to the extent such documents are provided by the Syndicate, a copy of the cadastral plan and the related certificates of location, the building plans and specifications, and any other documents relating to the building and to the Syndicate. It is understood that all such documents and records remain at all times the exclusive property of the Syndicate. For the purposes of this agreement, the word “document” means both a physical document and an electronic or virtual document. 5.1.4. It is also understood that all documents and records maintained by the Manager on behalf of the Syndicate may be consulted by its directors during the week, during regular office hours, upon seventy-two (72) hours’ prior written request to the Manager. This right includes the assistance of a Manager’s employee. Should it be impossible to meet this timeframe, the Manager must provide justification for the delay and, in writing, propose a date for such meeting within a maximum period of one week.
Manager’s initials
Client’s initials
7
5.1.5. The co-ownership register (section 1070 of the Civil Code of Québec) may also be consulted, during the Manager’s regular office hours and by prior appointment, by any co-owner of the Syndicate, in the presence of a director of the Syndicate or a person designated for that purpose by the Syndicate’s board of directors. Upon payment of reasonable fees, any co-owner may obtain a copy of the contents of the register and the documents it contains. 5.1.6. For security purposes, the parties agree that under no circumstances shall the original documents (accounting or otherwise) be removed from the Manager’s office for any reason whatsoever, including for account verification. In such a case, the account verification shall be carried out at the Manager’s office with the Manager’s full cooperation. However, if the documents are removed from the Manager’s office, the Manager shall be released from liability for any missing documents following their transfer, provided no fault is attributable to the Manager. In the event of successive renewals of this mandate, the accounting records shall be kept by the Manager for at least the two (2) years preceding the current fiscal year and shall be delivered to the Syndicate thereafter. 5.1.7. The Syndicate undertakes to ensure that a sufficient amount is consistently maintained in the Syndicate’s bank account to pay the invoices and expenses incurred by the Manager. Should the revenues prove insufficient, the Syndicate must, as soon as possible and upon the Manager’s written request, cover the deficit, failing which the Manager may terminate their mandate without further notice or delay.
5.2.
Additional services
The following operations shall be considered additional services: • • •
Preparation and follow-up of litigation files involving the Syndicate, including in particular collection files to be referred to a lawyer, notary, or bailiff; Preparation of annual tax returns (federal and provincial); Costs of photocopies, postal mailings, and applicable fees for filing the Syndicate’s annual updating declaration with the Enterprise Registrar.
Manager’s initials
Client’s initials
8
• • • • • • • •
5.3.
Reproduction of documents maintained by the Manager on behalf of the Syndicate; Transmission of the information required by co-owners, prospective buyers, notaries, real estate brokers, or financial institutions in connection with the sale of private units; Assistance by a representative of the Manager to a co-owner or a member of the board of directors to ensure understanding of the elements comprising the coownership register; Time and photocopying costs to reproduce any document for a co-owner; Long-distance telephone, courier, or bailiff fees incurred in the course of the management mandate; Professional services required by the Manager to safeguard the rights of the Syndicate and the interests of the community of co-owners; Negotiation and subscription of loans for and on behalf of the Syndicate; Any negotiation relating to the purchase of a building for and on behalf of the Syndicate.. BOARD MEETINGS AND GENERAL MEETINGS OF THE CO-OWNERS
5.3.1. General meetings of the co-owners The Manager undertakes, once a year, in accordance with the mandatory provisions of the Civil Code of Québec and the Syndicate’s declaration of co-ownership, to prepare the agenda for the annual general meeting, to determine the date and place, to convene the meeting in the prescribed form and within the required time limits, to attend and record attendance and proxies, to draft the minutes (as an additional service, if applicable), to keep the minute book up to date, to carry out the decisions legally adopted at the meeting, to perform the tasks assigned to them under their mandate, to transmit a copy of the minutes of the meeting to each co-owner within thirty (30) days of the meeting, and to initiate the process for carrying out the work legally approved.
5.3.2
Without limiting the scope of the foregoing, the notice convening the annual general meeting of co-owners must be accompanied, in addition to the balance sheet, by the statement of income for the previous fiscal year, the statement of debts and receivables, the proposed budget, any draft amendment to the declaration of co-ownership, a note on the essential terms of any proposed contract and on all proposed work,
Manager’s initials
Client’s initials 9
as well as any other document required by law. Prior to the holding of the meeting of coowners, the Manager shall notify the co-owners in writing, where applicable, and shall include on the agenda any new questions submitted by the co-owners within five days of receiving the notice of meeting.
5.3.3.
5.4.
The Manager may not exercise the rights conferred by a proxy issued by a co-owner for a meeting of co-owners, even if the Manager is themselves a co-owner of the immovable under management.
Meetings of the Board of Directors
5.4.1. The Manager shall coordinate and attend ( ) meetings of the Board of Directors per year, unless the Board of Directors decides not to hold that many. However, any meeting of the Board of Directors exceeding this number or held outside of regular office hours as defined in section 4.2, shall be considered an additional service of the Manager, as provided in section 5.5 below.
5.4.2. The Manager undertakes, in particular, to prepare the agenda of the meetings, to determine the date and place, to convene the meetings in the prescribed form and within the required time limits, to attend and record attendance including the time at which directors leave the meeting, to keep the minute book up to date with minutes validated by the Board of Directors, to carry out the decisions legally adopted, to perform the tasks included in their mandate, to transmit to the co-owners a copy of the minutes of any Board of Directors meeting within thirty (30) days of such meeting, and, where applicable, to order the estimates and work requested. 5.5.
Additional services
The following operations or activities shall be considered additional services: -
Any special meeting of co-owners, follow-up meeting, or information meeting; Any meeting of the Board of Directors exceeding the number of meetings provided for in section 5.4 of this agreement;
Manager’s initials
Client’s initials 10
-
5.6.
Any meeting of the Board of Directors or any general meeting of co-owners held on a Friday evening or outside regular business days, that is, on Saturdays, Sundays, or statutory holidays. Any meeting of the Board of Directors or any general meeting of coowners held in person; Drafting of the minutes and recording of dissenting opinions, where applicable.
Special services:
The rental cost of a hall for holding a co-owners’ meeting is not included in the Manager’s usual or additional services. Such rental must be authorized in advance by the Syndicate’s board of directors. 5.7.
MONITORING
5.7.1. Declaration of co-ownership To the extent that matters are brought to the Manager’s attention, the Manager undertakes to take all appropriate measures, under their control, to ensure compliance with the provisions of the declaration of co-ownership and the building by-laws, either by verbal or written notice, in accordance with the management protocol set out in Schedule B of this agreement. 5.7.2. Repairs and general maintenance The Manager shall, on behalf of and in the name of the Syndicate, enter into agreements for the usual supplies and regular monthly or periodic charges (such as fuel oil, gas, water, electricity, elevator, taxes, insurance premiums, collective hot water, freight elevator, water softener, landscaping, snow removal, etc.) relating to the common areas. The Manager shall ensure that these suppliers are paid, unless otherwise instructed in writing by the Board of Directors. 5.7.3. The Manager, at the Syndicate’s request, shall be responsible for ensuring the cleanliness and maintenance of the building’s common areas. This includes: reviewing, negotiating, and concluding cleaning and maintenance contracts (heating, elevators, plumbing, electricity, intercoms, locks, etc.) with appropriate companies holding the necessary permits, duly registered, and carrying liability insurance of at least one million dollars ($1,000,000.00). This responsibility of the Manager must form part of the existing preventive maintenance program and remain within the limits established by the budget.
Manager’s initials
Client’s initials 11
5.7.4. The Manager shall proceed by way of calls for tenders and comparative studies of estimates, shall place the orders, and shall ensure follow-up on their execution with respect to regular maintenance work, except where an exception is duly justified in writing by the Manager. The Manager shall also provide the Syndicate with advice regarding all maintenance and renovation work. 5.7.5. It is understood that the Manager does not guarantee the quality of the work performed by suppliers and/or contractors. However, the Manager must obtain the prior approval of the Syndicate’s Board of Directors before committing the Syndicate to any expense exceeding dollars (000,00 $), except in the case of repairs that the Manager deems urgent or necessary to maintain contractual services, to preserve the building, or to protect the co-ownership or the interests of the co-owners.
5.7.6.
Building inspection
The Manager shall conduct inspections of the common areas, when necessary, in order to examine any work to be ordered, if applicable, and to verify whether the maintenance of the common areas is being carried out properly. Furthermore, since the Manager does not hold a mandate to execute the work, the Manager shall call upon tradespeople or individuals employed by the co-ownership for all such work. Without limiting the scope of the foregoing, the Manager shall carry out a visual inspection of the common areas, in the presence, if necessary, of a representative of the Syndicate’s Board of Directors, ( ) times per month. 5.7.7.
Personnel management
With the agreement of the Syndicate’s Board of Directors, or upon its request, the Manager shall proceed, subject to the Board’s final approval, with the recruitment and determination of the remuneration of the superintendent(s) and any other on-site employees required. The Manager shall consult the Board of Directors before proceeding with any dismissal, if necessary, and the replacement of such employee. From the moment of their hiring, these employees are and shall remain employees of the Syndicate. All legal obligations toward the employees shall be the responsibility of the Syndicate. In the case of a superintendent, the Manager shall also make the necessary arrangements in the event of illness, leave, or resignation, shall monitor related expenses, shall ensure compliance with social legislation, and shall see to it that the superintendent is paid in a timely manner.
Manager’s initials
Client’s initials 12
5.7.8. Emergency service The Manager undertakes to provide an accessible emergency service, ensuring the management of incidents and prompt assistance to the Syndicate, twenty-four (24) hours a day, seven (7) days a week, throughout the year. 5.7.9. Additional services Any inspection of the common areas exceeding the number of inspections provided for in section 5.8 of this agreement.
• •
5.8.
5.7.10. Special services Drafting of a specific contract for the hiring of a Syndicate employee; Search fees for hiring a potential Syndicate employee (advertising costs, specialized recruitment firm, interviews held outside regular office hours, and other similar expenses).
WORKS
5.8.1. It is necessary to distinguish between routine, preventive, or corrective maintenance work carried out as part of normal management (painting, masonry maintenance, doors, gardens, minor repairs, wall, floor, and ceiling coverings, electricity, plumbing, etc.), major work (waterproofing of the building envelope, masonry repair, significant concrete work or fenestration, roofing, ventilation, heating, etc.), and specialized technical work (reports, expert assessments, etc.).
5.8.2. For maintenance work carried out as part of normal management and resulting from the operation of the building, the Manager shall issue a purchase order, ensure that the work is performed, and, once completed, ensure that the invoice is paid according to the terms agreed upon with the supplier.
5.8.3. For major work and specialized technical work, the Manager may not act alone and shall recommend to the Board of Directors that experts be retained (preparation of specifications, calls for tenders, negotiations, contracts, supervision, acceptance of materials and supplies, etc.).
Manager’s initials
Client’s initials 13
At no time may the Manager be held liable for the orders, supervision, or acceptance of work and/or supplies obtained by such experts.
5.8.4. The Manager is not responsible for the follow-up of the contingency fund study nor of the maintenance log. However, the services related to either of these elements may be considered additional or special services, to be defined in the Schedule. •
5.9.
5.8.5. Additional services The coordination and logistics by the Manager of major work and specialized technical work.
INSURANCE
5.9.1. If expressly mandated by the Syndicate’s Board of Directors in this regard, the Manager shall, on behalf of and in the name of the Syndicate, take out liability and property insurance, deposit a copy of the contract in the Syndicate’s register, and provide a certificate of insurance to any co-owner who requests it.
5.9.2. As soon as the Manager becomes aware of a loss affecting the common areas or of an event likely to justify a claim to the insurer, the Manager shall, at the request of the Board of Directors and in coordination with it, file the claim within the limits set out in articles 2470 and 2471 of the Civil Code of Québec, and shall follow up on the work by requesting estimates, participating in expert assessments, ordering the work, ensuring that indemnities are collected, and following the same protocol as that for the management and coordination of major work provided for in this agreement, in accordance with the Syndicate’s instructions.
5.9.3. In the event of legal proceedings against the Manager in connection with the performance of their mandate, the Syndicate undertakes to assume the defense of the Manager, covering both defense costs and any judgment rendered, provided that the Manager has acted within the limits of their mandate and in compliance with the requirements of the law.
Manager’s initials
Client’s initials 14
5.9.4. Additional services The Manager may claim fees for additional services in connection with the management of a loss. 5.9.5. Special services If one or more co-owners wish the Manager to handle the management of a loss affecting exclusively a private portion, the Manager may claim special service fees from the coowners concerned, such services being excluded from this agreement. 5.10.
SECRETARIAT AND ADMINISTRATIVE SUPPORT
5.10.1. As the intermediary between the Syndicate and its co-owners, the Manager shall be responsible for receiving mail, telephone calls, and emails from the coowners, processing requests addressed to the Syndicate, and reporting them to the Board of Directors. The Manager shall be required to respond, within 24 to 72 hours, to written questions addressed to the Syndicate, after consultation with the Board of Directors, where necessary.
5.10.2. During regular office hours and in the course of their duties, the Manager shall respond to verbal requests and telephone calls, shall maintain an answering machine to receive messages in their absence, and shall follow up within a reasonable time.
5.10.3.The language of communication between the parties shall be French. Notwithstanding the foregoing, certain individual documents (expense statements, notices and routine correspondence) may, at the request of the board of directors and at the Syndicate’s expense, be translated into English, without any liability on the part of the Manager.
5.10.4. Additional services: • Any additional work, such as photocopies, letters, faxes, or sending registered mail, carried out for the purpose of assembling files in order to recover arrears of common expense payments through legal proceedings, applications, authorizations, subsidies, or claims against third parties, shall be subject to additional fees and file preparation charges;
Manager’s initials
Client’s initials 15
• The translation costs, requested by the Syndicate, of the constituting documents, minutes of meetings, expert reports, and by-laws shall be considered an additional service. 5.10.5. Special services: • The translation costs, requested by a co-owner and approved by the Syndicate's Board of Directors, of the constituting documents, minutes of meetings, expert reports, by-laws, or other similar documents, shall be billed to any co-owner requesting such a service.
6. COMPENSATION 6.1.
Description
The co-ownership property is composed of: residential units commercial units* (stores, offices, practices, firms, etc.) parking units 6.2.
The usual services
(SEE SCHEDULE A
6.3.
)
The additional services
The fees for additional services provided by the Manager, as well as for the services of a professional employed by the Manager, shall be billed at the hourly rate set out in SCHEDULE A The Syndicate undertakes to pay, for major work and specialized technical work, as well as for all major improvements and repairs, or following a fire or other insurable damages, for the tax return prepared by the Manager, for the transfer of files to a successor manager in the event of non-renewal, and for the subscription and management of loans, the amount or rate set out in SCHEDULE A. . The bank charges shall be paid by the Syndicate. Likewise, postage and stationery
Manager’s initials
Client’s initials
16
expenses shall be charged to the operating expenses of the co-ownership at the prevailing rate. Photocopies shall be billed at the cost of (SEE SCHEDULE A ) per page.
6.4.
Special services
The fees for special services shall be billed, in addition to postage, photocopying, or other expenses, at the hourly rate of (SEE SCHEDULE A ) per hour for the Manager’s services and at the hourly rate of (SEE SCHEDULE A ) per hour for the services of a professional employed by the Manager. 6.5.
Disbursements, taxes, and interest
All disbursements and taxes are in addition to the Manager’s fees. For payments of the Manager’s services and fees made more than sixty (60) days after they become due, monthly interest of two percent (2%), calculated annually and equivalent to twenty-four percent (24%) per year, shall be payable by the Syndicate.
7. EXPRESS EXCLUSIONS It is understood that the Manager is not mandated to provide the Syndicate with services that require specialized expertise or that only a member of a professional order— such as an engineer, architect, professional technologist, lawyer, notary, chartered professional accountant, chartered appraiser, or real estate or mortgage broker—is authorized to perform.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION 8.1.
The Manager acknowledges that, in the course of carrying out their mandate, personal information relating to the co-owners and certain confidential information relating to the operations and affairs of the Syndicate will be communicated to them. The Manager acknowledges that the disclosure of such personal or confidential information could be prejudicial to the Syndicate or the co-owners and contrary to their interests. The Manager therefore undertakes not to disclose this confidential
Manager’s initials
Client’s initials 17
information to any person, business, or company, except in the course of their management mandate, or unless released from this obligation of confidentiality by the Syndicate or by law.
8.2.
The expression “confidential information” in section 8.1 includes, in particular, all financial information, lists of suppliers and co-owners, together with related information, as well as information protected by litigation privilege and/or information protected by professional secrecy between a professional and their client.
8.3.
The Manager undertakes to maintain a policy regarding the protection of the personal information of the co-owners and occupants of the building.
8.4.
The Manager must take the necessary measures to ensure the protection of the confidentiality of the personal information concerning the co-owners and occupants obtained from the Syndicate and must ensure that such information is used only in the performance of their mandate. The Manager undertakes to promptly notify the Commission d’accès à l’information and the Syndicate’s personal information protection officer of any breach or attempted breach of the confidentiality of one or more pieces of information communicated by the Syndicate under the management mandate, and shall allow said officer to carry out any verification relating to such confidentiality. Finally, upon termination of their mandate, the Manager undertakes to return to the Syndicate all data and documents collected in the course of their management mandate. Such information and all copies of such data and documents must thereafter be erased or destroyed by the Manager, who may not retain them.
8.5. No provision of section 8 above shall be interpreted as restricting the rights of co-owners to consult the co-ownership register and to obtain the information that the Syndicate is required to make accessible to them under articles 1070, 1070.1, and 1070. 1.1 of the Civil Code of Québec.
Manager’s initials
Client’s initials
18
9. MEDIATION AND ARBITRATION 9.1.
Any disagreement or dispute relating to this agreement, or arising from its interpretation or application, shall be submitted to mediation. For this purpose, the co-owners and directors directly concerned, together with the Manager and the Syndicate, must participate in at least one mediation session, delegating, if necessary, a person with authority to make a decision. The mediator shall be chosen by the parties but must be a notary or lawyer practicing in the field of co-ownership law. The persons participating in this mediation shall respect the process and the rules agreed upon jointly with the mediator.
9.2.
If the mediation provided for herein does not resolve the dispute or disagreement relating to this agreement or arising from its interpretation or application, such dispute or disagreement shall be settled by arbitration, subject to any conservatory measures necessary to protect the rights of each party, in the manner set out below.
9.3.
To avail itself of arbitration, subject to any conservatory measures necessary to protect the rights of each party, in the manner provided below, one party must notify the other in writing of its intention to do so. The parties must then, within fifteen (15) days of such notice, jointly appoint a sole arbitrator.
9.4.
Failing agreement by the parties on the appointment of the sole arbitrator within this period, either party shall immediately request that a judge of the Superior Court of the district in which the building is located appoint the sole arbitrator.
9.5.
To be eligible to act as arbitrator, a person must at all times be a notary or lawyer practicing in the field of co-ownership law and be a member in good standing of their professional order. The appointed arbitrator shall not have the power to act as an amiable compositeur or to decide in equity.
9.6.
For any dispute submitted to arbitration, the parties must, as soon as required to do so, diligently and honestly provide any deed, document, evidence, or information that the arbitrator may require.
9.7.
As soon as appointed, the arbitrator must act diligently. From the close of the arbitration hearing, the arbitrator shall have thirty (30) days to render a written decision on the outcome of the dispute and on the allocation of the costs and
Manager’s initials
Client’s initials 19
expenses incurred for the arbitration. This decision shall be binding on all parties and on each of them. The decision shall, from then on, be final and without appeal, and the parties shall comply with it. 9.8.
The provisions of this section relating to arbitration shall not apply to disputes or claims that fall within the jurisdiction of the Court of Québec, Small Claims Division, or that could fall within its jurisdiction should the claimant reduce their claim in order to become eligible before that Court. In such cases, that Court shall have full authority to decide the dispute or claim.
9.9.
The provisions of this section relating to arbitration shall not have the effect of restricting the right of the Syndicate and the co-owners to demand specific performance of an obligation by means of an injunction.
10.
ACCOUNTING AND REPORTING
10.1. At the expiry of the term of this agreement, or at the end of the Manager’s mandate, the Manager shall report to the Syndicate on their administration no later than twenty-five (25) days following the end of said mandate. 10.2. Without limiting the generality of the foregoing, the Manager shall deliver to the Syndicate all files, archives, registers, and other documents belonging to the Syndicate, as well as any computer data relating to it. However, subject to compliance with the rules governing the protection of personal information, the Manager shall not be required to deliver any software, graphics, or systems developed by the Manager in the course of their mandate and which form part of their expertise, as these shall remain the exclusive property of the Manager.
11. TERMINATION OF THE AGREEMENT 11.1. During the term of this agreement, the Syndicate may terminate the agreement if the Manager fails to fulfill or perform their obligations and services hereunder. To do so, the Syndicate must give written notice to the Manager specifying the breaches committed. If, within thirty (30) days of receiving said notice, the Manager fails to remedy the breaches identified by the Syndicate, or fails to take the necessary measures to correct such breaches, or to provide reasonable assurance to the client that such breaches will be corrected, the client may then terminate this agreement, either upon
Manager’s initials
Client’s initials 20
two (2) months’ prior notice, or with immediate effect by paying the Manager compensation equivalent to one month of remuneration for their usual services.
11.2. The Manager may, during the same period, resign from their duties for non-payment of their fees or for any other reasonable and legitimate reason, upon at least three (3) months’ prior notice to the Syndicate, by registered letter with acknowledgment of receipt sent to the Syndicate’s Board of Directors at the address indicated herein. Unless released from this obligation by the Syndicate, the Manager must continue to perform all of the usual services provided for in this agreement during this period. 11.3. In the event of termination of this agreement or unilateral cancellation outside the framework provided herein, a penalty shall apply, as further specified in section 12 of this document. 11.4. In the event of termination of this agreement by either party, the Manager shall have no right of retention over the documents and records belonging to the Syndicate. Should the Manager fail to deliver said documents and records to the Syndicate within thirty (30) days, the Manager shall incur liability and be held responsible for all damages caused to the Syndicate thereby, including the extrajudicial fees of the attorneys retained by the Syndicate to enforce its rights.
11.5. Any matter relating to the termination of this agreement before its term and the penalties payable may be submitted to section 9 of this agreement (Mediation and Arbitration).
12.
PENALTY
12.1. If the Syndicate fails to comply with the terms of this agreement or unilaterally terminates this agreement before the expiry of the initial term or any renewal, other than in accordance with the provisions of section 11.1 hereof, the Manager shall be immediately released from any obligation under the agreement (except for the obligations to deliver documents and to render the final account) and the Syndicate shall pay the Manager, as a penalty, an amount equivalent to the remuneration payable to the Manager for the usual services, for the shorter of the following periods: 1. the remaining term of the agreement, or 2. a period of three (3) months. Any matter relating to the termination of this agreement before its term and the penalties payable shall be subject to section 9 hereof.
Manager’s initials
Client’s initials 21
12.2.
Notices under this agreement
Any notice or communication between the Syndicate and the Manager, required or permitted under this agreement, must be in writing and shall only be valid if it is: -
Delivered by hand during regular office hours, on a business day, to the receptionist or another staff member of the Manager, at the Manager’s address indicated in this agreement, or by registered mail or through a bailiff; If the notice is addressed to the Syndicate, it may be delivered by hand, on a business day, to one of the directors, or sent by registered mail or by bailiff.
13.
INTERPRETATION
13.1. This mandate shall be governed by and interpreted in accordance with the laws of the Province of Québec and the laws of Canada applicable in the Province of Québec. 13.2. Each provision of this agreement is independent and distinct from the other provisions. The fact that any provision of this agreement is null or unenforceable, in whole or in part, shall in no way affect the validity, enforceability, and effect of the other provisions hereof, which shall continue to remain in full force and effect as if the null provision had never been stipulated herein.
Manager’s initials
Client’s initials 22
IN WITNESS WHERE OF, THE PARTIES HAVE SIGNED THIS SCHEDULE IN TWO (2) COUNTERPARTS, IN THIS th DAY OF
2025.
FOR AND ON BEHALF OF THE SYNDICATE
FOR AND ON BEHALF OF THE MANAGER
Name:
Name:
Title:
Title:
Name: Title:
Name: Title:
Name: Ttile:
Name: Title:
23 Manager’s initials
Client’s initials
A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
SCHEDULE A 1. Description The co-ownership property is composed of: residential units commercial units* (stores, offices, practices, firms, etc.) parking units 2. The usual services All applicable taxes excluded, the management compensation is set as follow: The Syndicate undertakes to compensate the Manager at the rate of dollars ( $) per residential unit per month for the following services:
□ Accounting with general meeting of co-owners (scope of services 5.1 to 5.6 only) □ Full management (accounting and management in accordance with all the usual services provided for in this agreement)
□ Mixed management (administration and community management, but not building management)
□ Other:
(attach in schedule B
any additional services
The Syndicate therefore undertakes to pay the Manager, in twelve (12) equal installments, as consideration for the usual services, the total sum of dollars ($ ), plus applicable taxes, for the period described in the term of the agreement. Once this period has elapsed, the services and fees under this agreement may be reassessed by the Syndicate’s Board of Directors.
Manager’s initials
Client’s initials 24
A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
3.
Additional services
The fees for additional services shall be billed at the hourly rate of
dollars (
$)
per hour for the services of a Manager’s administrator, and at the hourly rate of dollars ( $) per hour for the services of another professional employed by the Manager. The Syndicate undertakes to pay, for major work and specialized technical work and for all major improvements and repairs, or following a fire or other insurable damages percent ( %) of the cost of the work (administration) and percent ( %) of the cost of the work if it is agreed that the Manager shall carry out and supervise the repairs; for a change of co-owner: a fixed fee of dollars ( $), plus applicable taxes, payable by the selling co-owner if provided for in a Syndicate by-law or, failing that, by the Syndicate (adjustment made before the notary); for the tax return prepared by the Manager, dollars ( $); for the transfer of files to a successor manager in the event of non-renewal, dollars ( $); and for the subscription and management of loans, percent ( %).
The bank charges shall be paid by the Syndicate. Likewise, postage and stationery expenses shall be charged to the operating expenses of the co-ownership at the prevailing rate. Photocopies shall be billed at the cost of cents ( ¢) per copy.
Any other additional service may be detailed in the Management Protocol (Schedule B).
4. Special services Fees for special services shall be billed, in addition to postage, photocopying or other expenses, at an hourly rate of $ per hour for services rendered by an administrator of the Manager, and at an hourly rate of $ per hour for services rendered by any other professional employed by the Manager. 5. This schedule forms an integral part of the agreement entered into between the parties.
Manager’s initials
Client’s initials 25
A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
IN WITNESS WHERE OF, THE PARTIES HAVE SIGNED THIS SCHEDULE IN TWO (2) COUNTERPARTS, IN THIS th DAY OF
2025.
FOR AND ON BEHALF OF THE SYNDICATE
FOR AND ON BEHALF OF THE MANAGER
Name:
Name:
Title:
Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title: 26
Manager’s initials
Client’s initials
Divided Co-Ownership Property Management Service Agreement – 2025 A template provided by the Regroupement des gestionnaires et copropriétaires du Québec
SCHEDULE B MANAGEMENT PROTOCOL OF THE SYNDICATE
27 Manager's Initials
Client's initials