How to Challenge a Condo Board Decision: Legal Remedies

In a divided co-ownership, a decision by the board of directors may sometimes seem unjustified. For example, a policy limiting the use of a private portion, unjustified fines, or the imposition of work without proper approval. You may then wonder how to challenge a condo board decision and, above all, what the deadlines are.

This practical guide explains the common grounds for challenging a decision, the internal steps to prioritize, and the possible legal remedies. It includes useful references to the Civil Code of Quebec (C.c.Q.) and practical advice, current as of 2026-05-14.

When a board decision can be challenged

Several situations may justify challenging a board resolution.

• Contrary to the law or the declaration of co-ownership. A decision that conflicts with the C.c.Q., the declaration of co-ownership (DCC) or the by-laws of the immovable is vulnerable. For example, changing a rule that falls under the authority of the meeting without the required vote may exceed the board’s powers.
• Abusive, unreasonable or discriminatory decision. A measure that unfairly favours certain co-owners or excessively restricts a right of use may be challenged.
• Procedural defect. Lack of quorum of the board, failure to provide a notice of meeting, an unclear agenda, an improperly conducted vote, or incomplete minutes. These shortcomings compromise the validity of the decision.
• Conflict of interest. A director with an interest in the matter who does not recuse themselves may taint the decision.

The C.c.Q. sets out the powers of the syndicate and the meeting, as well as the possibility of cancelling a decision that is contrary to the law, the DCC or abusive (see, in particular, the provisions on divided co-ownership and the cancellation of decisions, such as section 1103 C.c.Q.). Refer to the official text on LégisQuébec to confirm the applicable legal basis in your case.

• LégisQuébec – Civil Code of Quebec (divided co-ownership): https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991

Internal steps to prioritize before going to court

Before applying to the courts, structure your approach and exhaust the internal avenues. These steps increase your chances of a quick resolution and demonstrate your good faith.

1. Request the official documents.
   • Obtain the board’s minutes, the complete resolution, and any notice or report that led to the decision.
   • Check the notice of meeting, quorum, votes, and compliance with the DCC and the by-laws of the immovable.
2. Write formally to the board.
   • Clearly set out the irregularities. Propose a review, a temporary suspension or an adjustment.
   • Keep a written record and proof of receipt dates.
3. Have the item added to the agenda of the next annual general meeting.
   • At the annual general meeting, request a direction-setting vote or a resolution to govern the practice being challenged.
   • If necessary, request that a special meeting be held under the mechanisms provided for in your DCC and the C.c.Q.
4. Seek a consensual solution.
   • Mediation or a settlement conference. These avenues reduce delays, costs and tensions within the community.

If you would like support gathering documents, preparing the agenda or handling administrative follow-up, see our administrative management service. You can also browse our blog for other practical content intended for syndicates and co-owners.

Possible legal remedies and deadlines

When internal efforts fail, certain remedies may be available. Choose the right course of action with the assistance of a lawyer or notary.

• Formal notice. This is often the preliminary step. It sets out the breaches, demands that they be corrected and announces legal proceedings if nothing is done within a reasonable time.
• Application to cancel or declare nullity. If the decision conflicts with the C.c.Q. or the DCC, or is abusive, you may ask the court to cancel it or declare it null. The C.c.Q. provides for a short time limit for certain challenges to decisions, including 90 days from the date the decision became known for certain cases involving the meeting (see section 1103 C.c.Q., to be verified based on your situation; current as of 2026-05-14). Act quickly.
• Injunction and safeguard order. In an emergency, you may ask to suspend the application of a decision until the judgment on the merits, for example to avoid serious harm.
• Monetary claim. If you have suffered measurable damage (expenses, loss of enjoyment, etc.), a claim for compensation may be added, depending on the available evidence.

For the text of the relevant sections, see LégisQuébec and its sections on meetings, the board and syndicate decisions:

• LégisQuébec – Civil Code of Quebec (divided co-ownership, sections 1039 et seq.): https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991
• LégisQuébec – Provisions on the cancellation of decisions, including section 1103 C.c.Q.: https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991

Le Regroupement des gestionnaires et copropriétaires du Québec (RGCQ) also publishes useful guidance on best practices in co-ownership:

• RGCQ – Resources and best practices: https://rgcq.org/

Evidence, costs and best practices for succeeding with your challenge

• Build a clear file. DCC, by-laws of the immovable, minutes, notices of meeting, email correspondence, photographs, expert reports and witness testimony. A detailed chronology helps the court understand the dispute.
• Prove the impact on your rights. Explain how the decision affects your use, your private portions or common portions, or exceeds the board’s powers.
• Assess the risks. Legal proceedings involve costs and uncertainties. The court may award legal costs to the successful party. Discuss the possible outcomes, including a negotiated settlement.
• Stay constructive. Even in the event of disagreement, co-ownership remains a community environment. Seek solutions that restore fairness while preserving future collaboration.

For example, a syndicate we assist suspended a challenged policy after a preliminary legal analysis and internal mediation. This approach avoided an injunction and restored compliance with the DCC, while clarifying the board’s responsibilities in the following minutes.

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

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