Political Signs in Quebec Co-ownership: Rights and Limits

During an election period, signs and placards multiply. In divided co-ownership, political signs quickly raise questions about freedom of expression, nuisances, uniformity and peace and quiet. Co-owners want to take part in public debate, while the board of directors must preserve order and safety.

This guide explains what the syndicate can regulate, where signs are permitted or prohibited, and how to prevent situations from escalating. It is based on the declaration of co-ownership (DCO), the by-laws of the immovable and the principles of the Civil Code of Quebec (C.C.Q.).

The goal is not to settle the political debate, but to provide practical guidelines. This way, you can protect individual rights while limiting the risk of conflicts and liability within your divided co-ownership.

Freedom of expression and the legal framework in co-ownership

Freedom of expression is protected in Quebec, notably by the Charter of Human Rights and Freedoms (s. 3). However, it is not absolute in a shared living environment. In co-ownership, it must coexist with the right to peaceful enjoyment, safety and the preservation of the building.

• The syndicate, a legal person (C.C.Q.), is responsible for the preservation of the building, the administration of the common portions and the protection of co-owners’ rights. This legitimizes certain reasonable limits on political signs when required for safety, maintenance, visual harmony and peace and quiet.
• The DCO and the by-laws of the immovable may regulate the use of the common portions and private portions for purposes of common interest. Restrictions must remain proportionate and non-discriminatory, or they may be challenged.
• In practice, by-laws may limit the size, location, duration and method of installing a sign. Banning all political expression outright, without nuance, may be excessive depending on the circumstances.

For reference:

• Charter of Human Rights and Freedoms (s. 3): freedom of expression.
• Civil Code of Quebec, chapter on divided co-ownership: the syndicate’s powers, the by-laws of the immovable and sanctions (including penalties, e.g. s. 1069 C.C.Q.).

Reminder: municipal and electoral rules significantly regulate signs on public property. On private property such as a condominium, the DCO, the by-laws of the immovable and the C.C.Q. take precedence, subject to the Charter.

Useful references:

• Charter of Human Rights and Freedoms
• Civil Code of Quebec
• Act respecting elections and referendums in municipalities

Where are signs permitted? Private portions and common portions

The basic rule is that a co-owner cannot modify, obstruct or use a common portion without authorization. On the other hand, a co-owner may enjoy their private portion, subject to the DCO and the by-laws.

Doors, windows and balconies (private portions or common portions for restricted use)

• Private windows and glazing: a small sign placed on the inside, without drilling or using damaging tape, is often tolerated if the by-laws permit it. The syndicate may limit its size, duration and hours of visibility (e.g. no illuminated signs at night).
• Balconies and terraces for restricted use: these are common portions for exclusive use. The by-laws may prohibit signs attached to guardrails for reasons of safety, preservation of the exterior finish or architectural uniformity. A temporary sign placed inside the glazing may sometimes be permitted, subject to strict conditions.
• Condo doors: if the door is a common portion, nothing may be attached to it without authorization. A card slipped inside the peephole or a freestanding, unattached holder may be acceptable if the by-laws allow it.

Indoor and outdoor common spaces

• Lobbies, elevators, corridors and community rooms: political signs are generally prohibited there, except on information boards controlled by the syndicate. The board of directors may set aside a neutral bulletin board with equal rules for everyone (format, duration and priority for syndicate communications).
• Parking areas, facades, fences and grounds: these are common portions. Planted signs, banners and flags are normally prohibited there, unless authorized by a board resolution or the annual general meeting and in compliance with safety standards.

At all times, safety comes first: nothing may obstruct an exit, conceal a sign, interfere with camera visibility or risk falling and injuring someone. The by-laws may impose standard materials, attachment methods and dimensions.

What the by-laws of the immovable can regulate (and how to adopt them)

The by-laws of the immovable specify how the premises may be used and supplement the DCO. They must be clear, proportionate and applied uniformly. For political signs, consider regulating:

• Permitted and prohibited locations: inside glazing only, with no signs on balustrades or common portions.
• Formats: maximum dimensions, no lighting and no sound-producing devices.
• Duration: a limited period around an election, with mandatory removal after the vote.
• Installation method: non-staining tape, no permanent attachment and no drilling.
• Neutrality and non-discrimination: the same rules for all parties and messages, regardless of opinions.
• Progressive sanctions: notice, removal by the offender, and then a reasonable penalty provided for in the by-laws (see s. 1069 C.C.Q.).

Procedure and governance:

• The board of directors may adopt or recommend regulatory amendments, depending on the DCO. Some rules require a vote at the annual general meeting. Make sure quorum is reached and that the minutes clearly document the resolution and how it will be applied.
• Distribute the rules through the official bulletin board, email and co-owner portal. A courteous reminder before the election period can prevent many sources of friction.

For templates and structured implementation, see our administrative management and operations management services. For more useful articles, visit our blog.

Reference resource on co-ownership best practices: RGCQ.

Election period: fairness, neutrality and cohabitation

Tensions often rise during campaigns. Effective by-laws seek a balance:

• Fairness: the same space and same restrictions for everyone, without distinction based on party or candidate.
• Syndicate neutrality: the board of directors must not favour a message. If there is a bulletin board, it must accommodate all content that complies with the rules.
• Peaceful cohabitation: set times for installing or removing signs to reduce noise. Prohibit any unsafe installation on guardrails, cornices or roofs.
• Timing: permit signs only for the official campaign period, with a short deadline for removal after voting.

Finally, provide a simple mechanism for complaints and voluntary removal. A gradual, initially educational approach resolves most cases without escalation.

Enforcement and conflict resolution: from notice to mediation

Even with clear rules, violations occur. The following approach is recommended:

1. A courteous reminder of the rules, with a supporting photo, and a reasonable deadline to make the correction.
2. A written notice from the syndicate citing the applicable DCO and by-law provisions.
3. Removal by the offender or, if necessary, by the syndicate, at the offender’s expense if this is provided for and reasonable.
4. A graduated penalty, if it is expressly provided for in the by-laws and complies with the C.C.Q. (e.g. s. 1069 C.C.Q.).
5. Mediation or alternative dispute resolution before considering a formal demand letter.

Record the communications and decisions in the register and in the minutes of board of directors meetings. Traceability protects the syndicate and promotes fairness among co-owners.

If the situation deteriorates, obtain legal advice. The issues may involve fundamental rights, and a poorly calibrated intervention may expose the syndicate to challenges. The relevant provisions of the C.C.Q. and the Charter form the basis of the analysis, supplemented by your DCO.

For logistical support (communications, reminders and complaint management), see our services. You can also contact us to discuss an approach suited to your building in the Greater Montreal area.

Frequently asked questions (FAQ)

Q1. Can the syndicate prohibit all political signs?

In general, a total and permanent ban risks being found excessive because it infringes on freedom of expression. However, the syndicate may impose reasonable and uniform limits related to safety, preservation of the building, and peace and quiet through the DCO and the by-laws of the immovable. Clear parameters (format, locations, duration and installation method) are preferable to a general prohibition.

Q2. Can I put a sign in my window or on my balcony?

A small sign placed inside a private window, without causing damage and in compliance with the by-laws, is often tolerated. Balconies are generally common portions for restricted use; most by-laws prohibit attaching signs to guardrails for safety and aesthetic reasons. Check your DCO and the by-laws of the immovable, and comply with the permitted dimensions and duration.

Q3. What are the penalties for non-compliance?

The typical progression is a reminder, written notice, removal of the sign, and then a penalty if it is expressly and reasonably provided for in the by-laws (see s. 1069 C.C.Q.). Fees may be charged for removal by the syndicate when authorized. A gradual and documented approach limits conflicts and protects the syndicate.

Charter of Human Rights and Freedoms | Civil Code of Quebec | LERM

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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