Airbnb in Quebec Co-ownership: What Is Allowed (and What Is Not)

Short-term rentals such as Airbnb are creating tensions in many divided co-ownership buildings in Quebec. Between co-owners’ right to use their private portions, the destination of the building and occupants’ peace and quiet, where should the line be drawn? This article summarizes what the Civil Code of Quebec (C.c.Q.), your declaration of co-ownership (DCV) and the by-laws of the immovable allow or prohibit, as well as the steps a board of directors (board) can take to regulate or prohibit this type of occupancy.

First and foremost, every co-ownership has its own reality: the destination (e.g., residential), the architecture, the clientele and the history of general meetings. Start by reviewing your documents (DCV, by-laws, minutes of annual general meetings/AGMs) and, if necessary, consult a legal professional.

What the DCV and the C.c.Q. say about short-term rentals

• The C.c.Q. recognizes a co-owner’s right to use their private portion, but this must be done while respecting the rights of others and the destination of the building, as well as the by-laws adopted by the syndicate (see section 1063 C.c.Q.). In practice, if the destination is “residential,” repeatedly hosting travellers may be considered incompatible.
• The DCV prevails over the by-laws of the immovable when it comes to the destination, permitted uses and fundamental restrictions. A clear prohibition on short-term rentals in the DCV will carry more weight than a simple notice from the board.
• The by-laws of the immovable can regulate behaviour (nuisances, safety, traffic in the common portions) and provide for reasonable penalties. They can also expressly prohibit rentals of fewer than X days, provided this respects the destination and the majorities required when the by-laws are adopted.
• Certain decisions require enhanced majorities. Amending the constituting act or the destination may require high thresholds (e.g., 75% of the votes for certain amendments – see sections 1097-1098 C.c.Q.). If your objective amounts to changing the destination, a simple by-law resolution will not be enough.

Useful references:
– Section 1063 C.c.Q. (compliant use and respect for by-laws):
https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
– Majority rules at meetings (sections 1097-1098 C.c.Q.):
https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

By-laws of the immovable: how to prohibit (or regulate) Airbnb

If the DCV is silent or ambiguous, a targeted by-law can reduce friction. Here are the elements often adopted by the syndicates we support:

• A clear definition of “short-term rental” (e.g., fewer than 31 days) and a list of the platforms covered (Airbnb, VRBO, etc.).
• A prohibition or strict conditions: minimum rental period, number of stays per year, mandatory tourist registration, proof of specific insurance, and absolute compliance with the by-laws of the immovable.
• Graduated and reasonable penalties for violations: written notice, fine, and potentially court proceedings if the situation continues. Fines must be provided for in the by-law adopted at a meeting, be proportionate and be applied uniformly.
• Information requirements: provide the board with the name of a contact person available 24/7 during the occupancy, provide the registration number required under the Act respecting tourist accommodation establishments, and give occupants a guide to the rules (noise, waste, access, parking, intercom).

Adoption and enforcement process:

• Prepare a draft, ideally with a legal professional.
• Have it adopted at a meeting (annual general meeting or special meeting), in accordance with the applicable majorities; record everything in the minutes and update the register.
• Officially notify all co-owners and occupants; post the rules in appropriate locations in the common portions.
• Apply the rules predictably and document everything (notices, findings, evidence, fines, collection).

For meeting organization and document updates, see our administrative management services: https://www.multirent.ca/services/#gestion-administrative

Municipalities, registration and the Act respecting tourist accommodation establishments

Beyond the co-ownership, short-term rentals are governed by the Act respecting tourist accommodation establishments and municipal by-laws. Depending on the zoning, type of building and use, the activity may be permitted, conditional or prohibited.

• Tourist registration: an accommodation listing is subject to posting requirements and a valid registration number, with various requirements and penalties provided for under the Act respecting tourist accommodation establishments (chapter H-1.01).
• Municipal compliance: several cities require an occupancy certificate or prohibit short-term rentals in certain areas. This compliance is generally a prerequisite for registration.
• Signage and information: displaying certain information (including the registration number) on the listing and at the entrance may be mandatory.

Useful references:
– Act respecting tourist accommodation establishments (H-1.01):
LégisQuébec — Act respecting tourist accommodation establishments
– Good co-ownership practices and resources:
RGCQ

Responsibilities, insurance and risks for the syndicate

Short-term rentals increase the number of people coming and going. Risks for the board to consider include:

• Nuisances and safety: noise, traffic outside permitted hours, waste management, and compliance with the rules in the common portions (pool, gym, parking, intercom). These issues directly affect the other co-owners’ peaceful enjoyment.
• Insurance: some policies exclude or limit short-term rentals. A loss caused by a passing occupant may lead to a denial of coverage or an increased deductible. Require the host to provide proof of suitable insurance and check your syndicate insurer’s requirements.
• Costs and common expenses: greater use of elevators, additional cleaning and damage to the common portions. The by-laws may provide for the reallocation of certain costs or penalties in the event of a violation.
• Civil liability: listing accommodation that does not comply with laws or by-laws may expose the co-owner who placed the listing to liability; the syndicate must document the situation and act diligently.

Regarding taxation and compliance:

• Rental income: this is generally taxable; GST/QST and lodging tax obligations may apply depending on the circumstances. See Revenu Quebec for details.
• Billing/fines: if penalties are provided for in the by-laws, their collection must follow a clear process (notice, deadlines, evidence). Rigorous follow-up helps enforce the rules.

Tax and compliance resources:
– Revenu Quebec — Lodging tax
– Revenu Quebec — Renting out a dwelling or room

A practical procedure for your board: from assessment to enforcement

Here is a simple process for a board that wants to regain control without skipping steps.

1) Assess the situation

• Identify known listings and incidents (noise, damage, complaints). Keep the evidence (screenshots, emails, videos, security reports).
• Review the DCV, current by-laws, minutes of annual general meetings/meetings, and any clause concerning the destination, rentals and penalties.

2) Plan the framework

• Determine the objective: a complete prohibition, a partial prohibition (e.g., 31 days+), or strict regulation.
• Draft a by-law with a legal professional; determine whether the DCV must also be amended (enhanced majorities; see sections 1097-1098 C.c.Q.).

3) Adopt it formally

• Call the meeting (annual general meeting or special meeting), explain the proposal, put it to a vote and record the result in the minutes.
• Update the register and communicate the new rules to all co-owners and occupants.

4) Enforce and monitor

• Implement a protocol: notice of non-compliance, fines, collection and escalation (formal demand, injunction if necessary).
• Make co-owners aware of the insurance and legal risks, as well as the impacts on common expenses.

5) Prevent disputes

• Maintain uniform, documented enforcement and respond quickly to complaints.
• Assess each year at the annual general meeting whether the framework is working; adjust it as needed.

To structure your meetings, communications and follow-up, also see our blog: https://www.multirent.ca/blogue/

Is Airbnb “prohibited” in a Quebec condo? A nuanced answer

In short, “Airbnb in Quebec co-ownership is prohibited” is neither true nor false in itself. It all depends on:

• the destination set out in the DCV (often “residential”),
• the specific clauses already in force (DCV/by-laws),
• valid decisions made by the meeting (majorities, minutes),
• and municipal and tourist compliance.

In many residential buildings, a prohibition or strict restriction on short-term rentals is considered consistent with the C.c.Q. when it seeks to protect peace and quiet, safety and the preservation of the building (see section 1063 C.c.Q.). The key is to adopt the right tools, in the right forum, with the right majority, and then apply them consistently.

To learn more about the syndicate’s responsibilities and operations, see our services: https://www.multirent.ca/services/#gestion-des-operations

Frequently asked questions (FAQ)

Q1. Can a co-owner rent out their condo on Airbnb for a few weekends each year?
– It depends on the DCV, the by-laws, the destination and municipal rules. Even “occasional” short-term rentals may be incompatible with a strictly residential destination or prohibited by the by-laws. Also check the tourist registration required under the Act respecting tourist accommodation establishments.

Q2. Can the board ban Airbnb without going through a meeting?
– No. A notice from the board does not replace a by-law adopted at a meeting, and even less so an amendment to the DCV if the measure affects the destination. Follow the majority requirements under the C.c.Q. and record the decision in the minutes.

Q3. Can the syndicate impose fines for illegal rentals?
– Yes, if the fines are provided for in by-laws validly adopted, are reasonable and are applied uniformly. Make sure the process (notice, deadlines, evidence) is clear and that the penalty seeks compliance, not excessive punishment.

Additional references:
– LégisQuébec — Civil Code of Quebec (divided co-ownership)
– OACIQ — General information about real estate

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

This article provides general information and is not a substitute for advice from a tax professional or accountant. Refer to Revenu Quebec and the CRA for the exact rules.

Do you manage a co-ownership in Quebec? Discover our plans or contact us to assess your needs.