TAL Mediation in Quebec Divided Co-ownership: A Practical Guide

Conflicts in divided co-ownership can quickly poison occupants’ lives and involve the board of directors (board). When a dispute involves a tenant (e.g. nuisances, access for work, failure to comply with the by-laws of the immovable), mediation at the Administrative Housing Tribunal (TAL) may offer a faster, less confrontational option than a formal hearing.

This article explains when and how to use TAL mediation in a condo context, what the syndicate and board can do in practical terms, and how to prepare a solid file to encourage a lasting agreement.

Key point: the TAL primarily handles landlord–tenant matters. Several disputes strictly between syndicates and co-owners fall instead under the civil courts (Civil Code of Quebec, cohabitation and co-ownership). We clarify the dividing line below.

What is TAL mediation?

TAL mediation is a voluntary, confidential and structured process led by an impartial mediator. The parties explore negotiated solutions without an imposed ruling. When an agreement is reached, it may be recorded in writing and bring the file submitted to the TAL to an end.

• Objective: resolve the dispute more quickly, at a controlled cost, while preserving the landlord–tenant relationship.
• Voluntary nature: both parties must agree to participate.
• Confidentiality: statements made during mediation cannot be used as evidence at the hearing if no agreement is reached (subject to the applicable rules).

Useful references:

• Civil Code of Quebec – general and co-ownership provisions (see C.c.Q. CCQ-1991) for rights and obligations, including peaceful enjoyment and compliance with the by-laws of the immovable (ref. C.c.Q., https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991).
• Act respecting the Administrative Housing Tribunal for the framework governing the resolution of residential tenancy disputes (LégisQuébec, https://www.legisquebec.gouv.qc.ca/fr/document/lc/T-15.01).

When is TAL mediation relevant to co-ownership?

In a condo, TAL mediation applies when the dispute arises from a residential lease and is between a landlord (often a co-owner who rents out the private portion) and the tenant. The syndicate is not a party to the lease, but it may be affected when the violation concerns the common portions or enforcement of the by-laws of the immovable.

Examples relevant to a co-ownership context:

• Repeated nuisances caused by a tenant (noise, smoke, obstruction) despite notice from the landlord and reminders from the board.
• Access refused by a tenant for urgent or planned work affecting the private portions, arising from the maintenance logbook / contingency fund study or a project financed by the contingency fund.
• Improper use of a parking space or locker (private portions for restricted use) by a tenant, contrary to the by-laws of the immovable attached to the declaration of co-ownership.
• Pets, short-term rentals or other breaches of the lease and the by-laws of the immovable, when these rules are incorporated into the lease.

Cases not covered by the TAL (usually handled by the civil courts):

• Disputes strictly between a syndicate and a co-owner (e.g. unpaid condo fees / common expenses / special assessments; challenging a decision of an annual general meeting; work on common portions; an injunction for a co-owner’s failure to comply with the by-laws of the immovable). These proceedings are based on the declaration of co-ownership and the Civil Code of Quebec provisions on co-ownership (ref. CCQ-1991 above).
• Conflicts between co-owners (e.g. servitudes, interference with the common portions) outside a leasing context.

In practice, the board can encourage the co-owner-landlord to apply to the TAL and propose mediation when the issue arises from obligations set out in the lease.

Practical examples

• A tenant refuses access to replace waste stacks; the landlord requests TAL mediation to agree on an access schedule and mitigation measures.
• Complaints about nighttime noise continue; the landlord and tenant mediate commitments (quiet hours, carpets, warnings) with documented follow-up.

Cases that do not fall under the TAL

• A co-owner refuses to pay common expenses or a special assessment approved at the annual general meeting. The syndicate will have to turn to the civil courts (ref. C.c.Q.).
• A co-owner challenges the validity of a vote or meeting minutes: civil proceedings, not the TAL.

Preparing your file: what the board and syndicate can gather

Even when the syndicate is not a party to the lease, its cooperation improves the quality of the landlord’s file and the scope of an agreement.

Gather and organize:

• By-laws of the immovable (attached to the declaration of co-ownership) and relevant clauses concerning use, noise, parking, pets, smoking, etc.
• Factual evidence: emails, formal demands, notices of violation, photos, videos, incident logs, testimony from co-owners or the concierge, and camera footage if authorized.
• Syndicate documents: relevant minutes (board/annual general meeting), official communications, access notices, work schedules and maintenance logbook / contingency fund study records.
• Technical context: if work is required, include information about the licensed contractor (RBQ) and the compliant access notice.
• Proposed solutions: reasonable schedules, mitigation measures, a follow-up plan and contractual sanctions for non-compliance (in accordance with the Civil Code of Quebec).

Tip: a clear, chronological and concise file increases the chances of successful mediation. For record-keeping and archiving, centralize your documents in a shared, secure system.

Useful resources:

• RBQ – Verify a contractor’s licence for work in a building: https://www.rbq.gouv.qc.ca/licence/
• RGCQ – Co-ownership tools and best practices: https://rgcq.org/ressources/

To structure your processes, see our administrative management and file-tracking services: https://www.multirent.ca/services/#gestion-administrative and https://www.multirent.ca/services/#gestion-financiere.

How it works: TAL mediation step by step

1) Filing and opening the file

• The landlord (co-owner-landlord) files an application with the TAL for the dispute in question (e.g. access to the premises, termination, reduction of disturbances). The landlord may indicate a willingness to participate in mediation.

2) The parties’ consent

• Mediation takes place if both parties (landlord and tenant) consent. The syndicate may be invited as an observer or resource person with the parties’ agreement.

3) Notice and preparation

• A date is proposed. Each party prepares its essential documents and considers settlement options. The board helps gather evidence and building-related constraints (e.g. work time slots).

4) Mediation session

• The mediator explains the rules (confidentiality, listening and respect). The parties present the dispute and then explore solutions. Joint meetings and, when necessary, private meetings may take place.

5) Agreement and drafting

• If an agreement is reached, it is put in writing, dated and signed. It specifies the commitments, deadlines, agreed access, possible contractual penalties and follow-up process. The agreement may close the file at the TAL.

6) Follow-up and enforcement

• The landlord and, when necessary, the syndicate ensure compliance with the commitments (access, conduct and repairs). In the event of non-compliance, the file may resume its normal course before the TAL, or a new proceeding may be considered depending on the nature of the breach.

The syndicate and board’s role: useful, but limited

• Information and coordination: provide the landlord with the applicable rules (by-laws of the immovable, access notices and internal policies) and operational constraints (elevators, work hours and protection of the common portions).
• Evidence and witnesses: provide relevant syndicate documents and, if required, identify factual witnesses (concierge, director) while respecting confidentiality and the protection of personal information.
• Representation: the syndicate does not represent a party before the TAL unless it is itself a party to the file (a rare situation). Avoid any appearance of unlawfully practising law or notarial practice.
• Pragmatic neutrality: aim for a resolution that protects the common portions and the co-owners’ peace and quiet while respecting the tenant’s rights.

Costs, timelines, benefits and limitations

• Timelines: mediation often takes place more quickly than a hearing, limiting escalation and the board’s time-related costs.
• Costs: mediation generally helps reduce legal expenses and operational disruptions (access and work). Do not, however, underestimate the time required for preparation.
• Benefits: tailored solutions, voluntary compliance, and better cooperation for access and work related to the maintenance logbook / contingency fund study.
• Limitations: the process is voluntary; if it fails, the dispute returns to the contested process. Certain matters outside the TAL’s jurisdiction must go before the civil courts (ref. C.c.Q.).

Alternatives outside the TAL and co-ownership prevention

• Private mediation: a civil or notarial mediator can help when the conflict does not fall under the TAL (e.g. a co-owner versus the syndicate concerning work on common portions).
• Structured negotiation: meetings facilitated by the board with an agenda, objectives, minutes and deadlines. Document everything for a possible proceeding (minutes, notices and formal demands).
• Civil proceedings: for unpaid condo fees, challenges to annual general meeting decisions and interference with the common portions, consult a lawyer to determine the appropriate court (ref. C.c.Q., co-ownership: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991).
• Training and resources: the RGCQ offers training and best practices on conflict prevention: https://rgcq.org/formation/.

For more practical articles on condo management: https://www.multirent.ca/blogue/.

FAQ – TAL mediation in a co-ownership context

Q1. Is TAL mediation mandatory?

• No. It is based on the parties’ consent. If no agreement is reached, the file follows its normal course at the TAL.

Q2. Can the syndicate participate in TAL mediation?

• The TAL handles landlord–tenant matters. The syndicate may be invited as a resource person if the parties consent, especially when the issue concerns access to private portions for work affecting the common portions.

Q3. Is a mediation agreement enforceable?

• A signed agreement may close the file and be taken into account if the dispute reappears. Draft it clearly (commitments, deadlines and follow-up). If in doubt, seek advice from a legal professional.

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

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