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Installing solar panels in a divided co-ownership raises legal, technical and financial questions. In Quebec, a solar project can improve a building’s energy performance and stabilize certain common expenses over the medium term. But it requires careful planning, the appropriate votes at the annual general meeting, and execution in accordance with good industry practices.
In this article, we cover the rights of co-owners and the syndicate, approval procedures, the practical steps (from quotations to commissioning), as well as financing and grant options. The goal is to help you frame a realistic, safe solar project that is accepted by your condo community.
Current information note: assistance programs evolve. The information below is general in nature (current as of 2026-06-11).
Is it permitted? Legal framework and co-owner rights
In a divided co-ownership, the roof and most façades are common portions. Adding solar panels to them usually constitutes a modification to the common portions, or even an improvement. The declaration of co-ownership and the by-laws of the immovable govern the building’s destination, permitted uses and authorization procedures.
- Role of the syndicate: the syndicate administers the building, preserves the common portions and ensures the protection of the collective asset (see section 1039 of the Civil Code of Quebec through LégisQuébec). Consult the Civil Code:
- LégisQuébec – Civil Code of Quebec: CCQ-1991.
- Work on the common portions: depending on the scope (maintenance, repair or improvement), the required voting majorities differ (see sections 1096 to 1101 of the Civil Code of Quebec). Adding solar panels often resembles an improvement requiring a qualified majority.
- Co-owner rights: you have the right to information, to the convening of an annual general meeting or special meeting to decide on the work, and to challenge a decision in court within certain time limits if it is irregular or abusive (see the Civil Code of Quebec).
In practice, the board of directors must document the need, benefits, risks and costs. The package provided to co-owners before the annual general meeting must be clear: preliminary plans, a structural study, specifications, financing scenarios and impacts on condo fees.
Votes and approvals required at the annual general meeting
To authorize solar panels, you must first determine the legal nature of the work. If it is maintenance or a repair, a simple majority may be sufficient. If it is a significant improvement modifying the common portions, a qualified majority is generally required (for example, three-quarters of the votes), and unanimity may be required if the building’s destination is affected (see sections 1096–1098 of the Civil Code of Quebec). Refer to your declaration of co-ownership and, if in doubt, consult a legal professional.
- Notice of meeting: the notice of meeting must specify the purpose, include the relevant documents and comply with the deadlines set out in the declaration of co-ownership and the Civil Code of Quebec.
- Quorum and voting: make sure you comply with the quorum and vote-counting rules set out in the declaration of co-ownership. Proxies must comply with the applicable requirements.
- Minutes: the decision and voting results are recorded in the minutes; this is a key document for insurance, compliance and the syndicate’s corporate records.
For good meeting practices, consult the RGCQ.
Improvement or maintenance? Why it changes the vote
- Maintenance/repair: aims to preserve the existing condition (for example, repairing the roof’s waterproofing).
- Improvement: adds a new feature or increases value or efficiency (for example, photovoltaic panels).
Improvements often require a higher majority and more detailed technical and financial justification to convince the meeting.
Right to object and challenge
A co-owner may pursue remedies if the decision is null, abusive or made in violation of the declaration of co-ownership or the Civil Code of Quebec, within the time limits prescribed by law. The best prevention remains thorough preparation and transparent communication before the annual general meeting.
Implementation steps: study, quotations and construction
A well-run solar project follows a structured process. Here is a proven framework for a syndicate.
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Preliminary analysis and feasibility
- Objectives: reduce the electricity bill for the common portions, make the building’s energy greener and stabilize common expenses.
- Building: condition and age of the roof, orientation, shading, access and mechanical space.
- Engineering: give an engineer a preliminary mandate to validate the structural capacity and compatibility of the roof support.
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Specifications, calls for tenders and RBQ compliance
- Plans and specifications: prepared by professionals (engineer/architect), specifying the attachment, waterproofing, fire protection and electrical connection.
- Contractors: verify the appropriate RBQ licence (Contractor licence) and authorization for electrical work (Electrical sector – RBQ).
- Bids: compare total cost, warranties, timelines, references and safety plan.
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Vote and documentation
- Present the options, costs, impacts on assessments and risk management at the annual general meeting.
- Obtain the required resolution; record everything in the minutes and update the register.
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Construction, acceptance and commissioning
- Coordination: access, fencing, lifting, protection of common portions and schedules.
- Quality: testing, electrical compliance, waterproofing and management of penetrations.
- Final file: as-built plans, operating manuals, warranties and training for staff or the management provider.
For day-to-day operations and logistics, see our operations management services. For budget monitoring and disbursements, our financial management supports the board of directors with accountability reporting.
Insurance, maintenance and responsibilities
- Insurance: inform the syndicate’s insurer. Endorsements may change (equipment value, additional risks). Confirm the maintenance obligations required to maintain coverage.
- Warranty and maintenance: record preventive maintenance in the maintenance logbook/EUC. A minimum program includes inspections of anchors, safe cleaning, electrical and thermographic checks.
- Responsibilities: the syndicate remains responsible for the common portions. If a private portion benefits from dedicated equipment, clarify how maintenance and repair costs will be allocated in a resolution and, if necessary, through a regulatory amendment that complies with your declaration of co-ownership.
- Safety: mark off roof-access areas, establish electrical lockout procedures and implement a work-at-height management plan.
Compliance and traceability reduce the risk of loss and facilitate claims. In the event of an incident, a complete file (minutes, warranties and maintenance records) speeds up the response.
Grants, financing and cost management
The cost of a solar system varies according to its size, connection complexity and the condition of the roof. For a divided co-ownership, the financing structure should be prepared well before the annual general meeting.
- Grants and assistance: in Quebec, municipal or provincial programs may periodically support renewable energy for multi-residential buildings. They change frequently; monitor announcements from your municipality and government organizations. Also check whether local institutions offer green financing.
- Energy credits and revenues: some energy distributors offer net-metering or compensation mechanisms. Assess the actual impact on your common expenses before making a commitment.
- Contingency fund: this fund is intended for major repairs and replacement of the common portions, not pure improvements (see section 1071 of the Civil Code of Quebec through LégisQuébec). For an improvement project, consider a special assessment or a dedicated provision approved at the annual general meeting instead.
- Assessments and budget: model several scenarios (one-time special assessment, spreading payments over X months or external financing). Present the effect on condo fees and cash flow.
- Financial tenders: compare financing offers while taking into account penalties, required guarantees and clauses applying to syndicates.
Need a presentation template for the annual general meeting or a communication plan for co-owners? Visit our blog for practical resources and management guides.
Frequently asked questions (FAQ)
Q1. Can a co-owner install panels for their sole use?
Generally, no, if the installation affects the common portions (roof, structure or common electrical supply). Your declaration of co-ownership may nevertheless provide for conditional authorization mechanisms. Any privatization of a common space must be strictly regulated, approved at a meeting according to the applicable majorities and accompanied by an agreement covering costs, maintenance and insurance.
Q2. Does the roof membrane need to be replaced before panels are installed?
It is often recommended if the membrane is nearing the end of its useful life. A solar project involves penetrations, rails and anchors. Aligning the project with the roof’s life cycle avoids duplicate costs and premature dismantling. The engineer and qualified RBQ contractor will guide you regarding the appropriate attachment and waterproofing solution.
Q3. How should energy savings be allocated?
If the electricity produced supplies common expenses (lighting, ventilation and elevators), everyone benefits from the savings, which are reflected in the annual budget. If a hybrid arrangement also targets private uses, a clear agreement and a meeting resolution must govern the allocation, billing and, if necessary, the installation of sub-meters.
This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.
Do you manage a divided co-ownership in Quebec? Explore our plans or contact us to assess your needs.
