Forced Condo Sale in Quebec: Legal Steps and Remedies

In a divided co-ownership, expelling a co-owner and forcing the sale of a unit are exceptional measures. They are intended to protect the safety, enjoyment and value of the building when serious breaches persist. As of 2026-07-16, the Civil Code of Quebec governs these remedies, which require solid evidence and a rigorous process.

This article is intended for boards of directors and syndicates that must manage extreme situations: repeated nuisances, dangerous unsanitary conditions, non-compliant work putting the building at risk, or chronic unpaid common expenses. You will find the criteria, procedural steps and precautions for acting effectively while complying with the declaration of co-ownership, the by-laws of the immovable and case law.

When is the forced sale of a unit possible?

• Ultimate and judicial remedy: the forced sale of a fraction (unit) cannot be decided unilaterally by the board of directors. It requires a decision of the Superior Court, on application by the syndicate or a co-owner, when the breach is serious and repeated, and the other measures have failed or are insufficient (see section 1080 of the Civil Code of Quebec; see the Civil Code on LégisQuébec).
• Serious harm: this may include conduct or situations causing significant prejudice to other co-owners or the common portions: threats or violence, illegal activities, damage to structures, interference with urgent work, use contrary to the building’s intended purpose, or unsanitary conditions presenting a risk.
• Arrears of common expenses: beyond behavioural issues, significant and persistent non-payment may lead to the syndicate exercising its legal hypothec and, ultimately, to a sale under judicial authority if the amounts remain owing (see the Civil Code of Quebec, legal hypothecs of the syndicate; see LégisQuébec).
• Proportionality: courts assess the proportionality of the measures. An injunction, an order to do or cease doing something, fines provided for in the declaration of co-ownership, or temporary eviction may precede an application for a forced sale if they are likely to correct the situation.

Useful references:

• Civil Code of Quebec – divided co-ownership (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Hypothecs and remedies of the syndicate (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

Gradual process: from formal notice to the Superior Court

1. Findings and formal notices

   • Document the facts: complaints, dated photos/videos, contractor reports, email exchanges and, where necessary, bailiff’s reports. Record the steps in the board’s minutes (dates, decisions and follow-ups).
   • Notice of non-compliance: refer to the relevant clauses of the declaration of co-ownership and the by-laws of the immovable, as well as the policies (e.g. noise, pets and work). Require the situation to be corrected within a reasonable time.

2. Demand letter

   • Send a clear demand letter setting out the breaches, required corrective measures, deadline and notice of the remedies being considered in the event of default (injunction, fines, application for eviction or forced sale). If there is a tenant, also notify the tenant and the co-owner-landlord, in accordance with the declaration of co-ownership.

3. Interim and intermediate measures

   • Injunction or safeguard order: when there is a risk to the safety or integrity of the common portions (e.g. modifying a load-bearing structure without a permit from the Regie du batiment du Quebec (RBQ)), an injunction may require the work to stop or the property to be restored.
   • Fines and penalties: if provided for in the declaration of co-ownership and reasonable, they may discourage repetition. They must be applied consistently and be capable of being justified before the court.

4. Ultimate judicial remedy

   • Application to the Superior Court: if serious breaches persist, the syndicate may seek the eviction of the offending co-owner (and the co-owner’s occupants) or the forced sale of the unit, depending on the seriousness and history of the matter (see section 1080 of the Civil Code of Quebec, LégisQuébec). The court will assess the evidence, the syndicate’s good faith and proportionality.
   • Arrears of condo fees: in parallel or separately, the syndicate may exercise its legal hypothec to collect the assessments, which may lead to a judicial sale if the circumstances require it (see the Civil Code of Quebec, legal hypothecs of the syndicate, on LégisQuébec).

Organizational tip: assigning document management, reminders and follow-up on assessments to an appropriately equipped condominium manager reduces the risk of procedural errors. See multiRent’s administrative management and financial management services.

Examples of serious breaches that may lead to eviction or a sale

• Threats, assault or serious harassment: harm to the safety and normal enjoyment of other co-owners and staff.
• Major work without authorization or compliance: demolishing a load-bearing wall, relocating a plumbing column or installing an electric vehicle charging station without complying with applicable standards; these actions may compromise the integrity of the common portions and require the involvement of licensed contractors (see the RBQ for contractor and compliance requirements).
• Use contrary to the building’s intended purpose: prohibited commercial operations, unauthorized Airbnb-style rentals or illegal activities.
• Unsanitary conditions, accumulation of hazardous materials or recurring uncorrected water damage: a risk to health and the building.
• Chronic non-payment of common expenses: repeated and significant delays, despite reminders and failed payment arrangements, which jeopardize the syndicate’s cash flow and contingency fund.

Useful external resources:

• Regie du batiment du Quebec (RBQ) – Contractors and work: https://www.rbq.gouv.qc.ca/
• RGCQ – Best practices in co-ownership: https://rgcq.org/

Role of the board of directors and syndicate: governance, evidence and votes

• Review the declaration of co-ownership and the board’s powers: many declarations of co-ownership authorize the board of directors to institute proceedings to enforce the by-laws. Others require a resolution of an annual general meeting or special meeting to authorize the board. Where applicable, put the matter on the agenda, obtain the required vote and record everything in the minutes.
• Professional mandates: depending on the seriousness of the matter, the syndicate should consult a lawyer specializing in co-ownership law and, if necessary, an engineer (structure or facades) or an industrial hygienist (unsanitary conditions). Their reports become key exhibits.
• Communications to co-owners: protect personal information, but provide adequate information about the impact on expenses, risks and timelines, in accordance with the declaration of co-ownership and the Act.
• Structured collection process: for unpaid assessments, follow a clear protocol (account statements, written arrangements, acceleration of the debt if provided for, registration of the legal hypothec and implementation of remedies). Disciplined financial management reduces escalation.

Additional legal references:
Civil Code of Quebec – divided co-ownership

Evidence to gather and pitfalls to avoid

Essential evidence

• Contracts and by-laws: complete declaration of co-ownership (act of constitution, by-laws of the immovable, plans showing the condition of the common and private portions), adopted policies and notices sent.
• Timeline and findings: incident log, professional reports, correspondence, reminders, demand letters, execution follow-ups. Number the exhibits and maintain a clear chain of custody.
• Meetings and decisions: notices of meeting, agenda, attendance sheet, quorum, voting results and signed minutes. Any procedural irregularity may weaken the remedy.

Common pitfalls

• Sanctions not provided for in the declaration of co-ownership or disproportionate sanctions: abusive fines, cutting off essential services or taking self-help measures (e.g. changing locks) expose the syndicate to a challenge.
• Inadequate evidence: vague testimony, no technical reports or failure to send a demand letter. The court expects a structured and objective demonstration.
• Forgetting proportionality: without a realistic progression of measures (notice, injunction and temporary eviction), an application for a forced sale has little chance of succeeding.
• Poor worksite management: when ordered corrective work is required, select licensed contractors who comply with applicable standards (see the RBQ) and record the technical instructions and acceptance of the work.

For reference, when a condo is resold, the seller’s disclosure obligations and the documents to be provided (including the declaration of co-ownership, latest financial statements and certificates) also play a role in ensuring transparency in the file; see OACIQ information on disclosures and documents in co-ownership.

Useful links:
OACIQ – Information on co-ownership

Solutions before extreme measures: mediation, agreements and injunctions

Before matters reach the point of eviction or a forced sale, several tools can restore the situation at lower cost and with less delay:

• Mediation or conciliation: involve a neutral third party to agree on a correction plan (e.g. soundproofing, cleaning or a payment schedule). A precise schedule and verifiable milestones help with implementation.
• Supervised written agreements: include gradual measures (e.g. suspension of fines subject to conditions). Provide that a default will reactivate the judicial process without further notice.
• Targeted injunction: order someone to stop certain conduct (noise or smoke), remove an illegal modification or allow access to private portions for work in the common portions.
• Compliance follow-up: schedule inspections, have access authorizations signed, and archive photographic evidence and reports. Good operations management greatly reduces recurring incidents.

Finally, when the unit is actually sold under judicial authority, certain declarations and documents specific to the co-ownership remain relevant to the buyer; a broker familiar with co-ownership matters can guide the parties (see OACIQ above).

FAQ

Q1. Can the board of directors evict a co-owner without a judgment?
– No. The lasting eviction of a co-owner and a forced sale require the intervention of the Superior Court. However, the board of directors may seek interim orders (e.g. an injunction) in an emergency and then file an application on the merits (see the Civil Code of Quebec; see LégisQuébec).

Q2. Are condo fee arrears enough to sell the unit?
– Significant and persistent arrears allow the syndicate to invoke its legal hypothec and pursue remedies that may lead to a judicial sale. Each case depends on the facts, amounts and compliance with the required steps (notice, registration and deadlines). Evidence of diligent management is essential.

Q3. Is a resolution of the annual general meeting required to sue?
– It depends on the declaration of co-ownership. Many declarations authorize the board of directors to pursue remedies to enforce the by-laws. When the declaration of co-ownership requires a mandate from a meeting, it must be obtained in accordance with the notice of meeting, quorum and voting rules, and the decision must then be recorded in the minutes.

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

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