Challenging a Condo Rule at the TAL in Quebec

It is not uncommon for a co-owner to wonder whether they can have a by-law of the immovable cancelled before the Administrative Housing Tribunal (TAL). In a divided co-ownership, by-laws address the use of common portions and private portions, safety, harmonious co-existence and day-to-day management. When a by-law appears abusive, illegal or contrary to the declaration of co-ownership (DCV), it is legitimate to seek a remedy.

Short and essential answer: in most cases, the TAL does not have jurisdiction to cancel a by-law of the immovable in a dispute between co-owners. Cancelling a by-law generally involves seeking a declaratory judgment or orders that fall under the jurisdiction of the civil courts (Court of Quebec or Superior Court). The TAL can, however, intervene in rental situations involving a tenant and a lease. Here is how to distinguish between the forums, what grounds may lead to a by-law being found invalid, and what steps to take.

TAL or civil courts: who has jurisdiction?

• The TAL primarily hears disputes concerning residential leases (landlord-tenant matters). Its mandate arises from the Act respecting the Administrative Housing Tribunal. For example, it rules on the performance of a lease, rent increases, disturbances of enjoyment, or certain unlawful lease clauses.
• Corporate disputes between co-owners and the syndicate (validity of a by-law of the immovable, interpretation of the declaration of co-ownership, injunctions against the syndicate or a co-owner) fall under the jurisdiction of the civil courts. Depending on the nature of the remedy sought (declaratory judgment, injunction, damages), the Court of Quebec or the Superior Court may be the appropriate forum under the Code of Civil Procedure.

In practice, if your objective is to cancel a by-law of the immovable outright, you should turn to the civil courts, not the TAL. The TAL may nevertheless rule on a dispute arising from a lease in a condo unit where the application of a by-law affects a tenant.

Useful links:
Act respecting the Administrative Housing Tribunal (LégisQuébec)
Code of Civil Procedure (LégisQuébec)

When can a by-law be cancelled?

Several grounds may lead a court to invalidate all or part of a by-law of the immovable:

• Contradiction with the declaration of co-ownership or the Civil Code of Quebec (C.C.Q.). By-laws specify use and maintenance requirements, but cannot contradict the declaration of co-ownership or exceed what the law permits.
• Unjustified infringement of co-owners’ rights. For example, a by-law that restricts the use of private portions or common portions beyond what is necessary or reasonable having regard to the destination of the immovable could be found abusive.
• Lack of jurisdiction or procedural defect. The adoption or amendment of a by-law requires compliance with the prescribed procedures (notice of meeting, quorum, majorities, minutes of the annual general meeting, enforceability). A serious defect may result in the by-law being unenforceable or null.
• Infringement of public order, fundamental rights or safety in an inconsistent manner. A by-law cannot legalize something unlawful or infringe protected rights without a legitimate and proportionate justification.

Some useful legal references from the C.C.Q.:

• The by-laws govern the use, maintenance, administration and operation of the syndicate and meetings (see C.C.Q., art. 1054). They must be consistent with the declaration of co-ownership.
• Each co-owner uses their private portion while respecting the destination of the immovable and the enjoyment and safety of the others (see C.C.Q., art. 1063). By-laws must remain proportionate to these objectives.
• Certain decisions require qualified majorities, particularly where the effect is similar to changing the destination or concerns reserved matters (see C.C.Q., art. 1097). A by-law that, in substance, changes the destination without the required majority risks being cancelled.

C.C.Q. reference (LégisQuébec):
Art. 1054
Art. 1063
Art. 1097

Practical steps for challenging a by-law

The search “cancel condo by-law TAL Quebec” reflects a clear intention: to obtain a quick and practical decision. Here is a structured method to improve your chances of success, in the right forum and with the right evidence.

1. Analyse the declaration of co-ownership and the by-law at issue
   • Check whether the by-law properly arises from the declaration of co-ownership and the C.C.Q.
   • Identify the problematic clauses (scope, penalty, proportionality) and the context in which they are being applied.
2. Check the adoption procedure
   • Confirm the notice of meeting, agenda, quorum, required majorities and minutes of the annual general meeting in question.
   • Make sure the by-law was communicated and made enforceable in accordance with the syndicate’s usual rules.
3. Internal steps before going to court
   • Write to the board of directors and propose adjustments. Support your position with the declaration of co-ownership and the relevant provisions of the C.C.Q.
   • If necessary, have a proposal placed on the agenda of the next annual general meeting to amend or cancel the by-law. A clear, reasoned resolution may persuade the meeting.
4. Formal demand
   • Send a formal demand to the syndicate (or to the co-owner who is applying the by-law abusively). Set out the facts, the legal provisions and the corrective action sought, with a reasonable deadline.
5. Choose the right legal remedy
   • To have the invalidity established: bring an application for a declaratory judgment before the Court of Quebec or the Superior Court, depending on the nature of the case and the conclusions sought.
   • To stop the application of an abusive rule: an injunction may be considered. Speak with a lawyer to tailor the remedy to your situation.
6. Assemble the evidence
   • Up-to-date declaration of co-ownership; by-laws of the immovable; notice of meeting; agenda; attendance sheets; minutes of the annual general meeting; correspondence; reports; photographs/videos (as needed).
   • Testimony and factual evidence demonstrating the unreasonable, contradictory or illegal nature of the by-law.
7. Manage risks and costs
   • Assess the cost-to-impact ratio. A negotiated solution at the annual general meeting or through mediation may preserve the co-ownership climate.
   • Professional administrative management support can reduce procedural errors and misunderstandings.

To organize your meetings, notices and document follow-ups, see our administrative management services: https://www.multirent.ca/services/#gestion-administrative

When can the TAL still intervene?

The TAL may be seized of a matter if the dispute arises from a residential lease connected to a condo, for example:

• A tenant complains about a by-law imposed by their landlord because it arises from the lease or an appendix; the TAL may invalidate an unlawful or abusive lease clause.
• A by-law of the immovable is invoked to restrict a right provided under the Act respecting the Administrative Housing Tribunal or the lease; the TAL may decide the issue between the landlord and tenant.
• Nevertheless, the “global” cancellation of a by-law of the immovable, as an internal rule enforceable against all co-owners, falls outside the TAL’s mandate and must be brought before the civil courts.

To understand the scope of the TAL’s intervention, refer to the Act respecting the Administrative Housing Tribunal: https://www.legisquebec.gouv.qc.ca/fr/document/lc/T-15.01

Best practices for a prudent board of directors and syndicate

Adopting sound, defensible by-laws reduces the risk of challenges:

• Necessity and proportionality: target a legitimate objective (safety, peace and quiet, maintenance) with a proportionate measure.
• Legal consistency: confirm alignment with the declaration of co-ownership and the C.C.Q. before the annual general meeting; have the wording reviewed.
• Flawless procedure: comply with the notice of meeting, quorum and majority requirements, and record everything in the minutes.
• Communication and enforceability: distribute adopted by-laws, update the collection and facilitate access for co-owners and new buyers.
• Follow-up: periodically assess the by-law’s effectiveness and make adjustments as needed to prevent abuse or unintended effects.

If your syndicate wishes to modernize its body of by-laws and optimize the organization of annual general meetings, explore our offerings: https://www.multirent.ca/#forfaits and subscribe to our blog for more resources: https://www.multirent.ca/blogue/

FAQ

Q1. Can a by-law be challenged without a lawyer?
Yes, but it is strongly recommended that you consult a lawyer or notary to assess the strategy, chances of success and proper court. Choosing the wrong forum (e.g., filing at the TAL for a co-ownership dispute between co-owners) can cost you time and money.

Q2. Who can challenge a by-law of the immovable?
A co-owner, a group of co-owners or the syndicate itself (for example, to correct a previously irregular by-law). A tenant may bring a case before the TAL if a by-law affects their lease, but not to cancel the by-law of the immovable for everyone.

Q3. What documents should I attach to my application?
The complete and up-to-date declaration of co-ownership, the text of the by-law at issue, the notices of meeting and agenda, attendance sheets, the minutes of the annual general meeting at which it was adopted, the correspondence exchanged (including the formal demand), and any evidence concerning the unreasonable or illegal nature of the by-law.

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

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