Quebec’s condo management association is warning about the use of the Request for Information on the Co-ownership (DRCOP) form. The tool is creating tensions and disputes in co-ownership buildings because it’s recommended but not mandatory by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ).

The DRCOP form is an essential document for any buyer of a condo unit. It provides specific and general information on the financial, administrative, legal, and technical situation of the condominium. It guarantees the buyer’s knowledge of the true state of the condominium before committing.

The Association québécoise des gestionnaires de copropriétés (AQGC) is encouraging co-owners to make it clear, when signing their brokerage contract, who will pay for the production of the DRCOP form, if one is required.

AQGC says that since 2024, condo managers and board members have been faced with an increase of more than 70 per cent in DRCOP requests, often accompanied by very tight deadlines and disrespectful behaviour on the part of real estate brokers or their clients. Yet the required information is often already available to co-owners via electronic platforms.

The AQGC points out that the syndicate is obliged to provide documents, but not to interpret them.

Who should fill out and pay for the DRCOP?

Currently, the form is systematically completed by the syndicate and charged to the seller. If this document is deemed essential to the broker’s work, so that he or she complies with the ethical obligations imposed by the OACIQ, the AQGC believes that it is up to the broker—or someone mandated by the broker—to take responsibility for preparation.

The notary also asks the syndicate a similar series of questions before carrying out the transaction, a form which also generally involves costs, that the selling co-owner carries.

Towards a new regulatory framework

The Attestation du syndicat sur l’état de la copropriété, provided for through implementing regulations to Bill 16, will mark a significant step forward when the government regulation is finally published. This attestation will standardize and clarify the information to be provided to buyers, thereby reducing the need for the DRCOP, whose questions are often redundant with the notaries’ forms.

The AQGC is officially inviting the OACIQ to:

• Clarify whether the DRCOP is optional or mandatory;
• Revise the form to allow the sellers, with the help of their brokers, to complete it directly when the syndicate documents and information are available;
• Include the financial responsibility for completing the form in brokerage contracts;
• Educate and train specialized condo brokers to promote harmonious collaboration with building managers and board members of syndicates.