Changing Condo Use in Quebec: Key Rules

Changing the use of a unit in a divided co-ownership quickly raises legal, practical and acceptability questions. Moving from strictly residential use to mixed use (office, clinic, daycare) or short-term rentals may conflict with the “destination of the immovable” set out in the declaration of co-ownership and the by-laws of the immovable. Before investing time and money, you must validate the syndicate’s rules, municipal regulations and the position of insurers.

This article summarizes the legal framework applicable in Quebec, common scenarios, a step-by-step authorization process, the votes and quorum required at the annual general meeting, and the risks to anticipate. You will also find useful references and ways to properly document the file (notice of meeting, minutes, resolutions) and avoid a refusal at the meeting.

The legal framework: destination, declaration of co-ownership and use of fractions

In Quebec, the declaration of co-ownership and the by-laws of the immovable govern the use of private portions and common portions. The declaration of co-ownership sets out, among other things, the destination of the immovable (e.g., “quality residential,” “mixed residential-commercial use on the ground floor”). Changing a unit’s use must comply with this destination; otherwise, the change may require an amendment to the declaration of co-ownership and more demanding approval at the annual general meeting.

• Civil Code of Quebec (C.C.Q.): it contains rules on the destination, the use of private portions, and the majorities required to amend the declaration of co-ownership or adopt certain resolutions (see sections 1053, 1063 and 1096 to 1098 C.C.Q.). Consult the C.C.Q. on LégisQuébec for the official wording and updates.
• Use restrictions must promote peace and quiet, safety, cleanliness, the integrity of the building and the collective interest, without arbitrary discrimination. They must apply objectively and be consistent with the destination.
• Municipalities and boroughs also impose zoning rules; even if your syndicate authorizes a use, it may be prohibited by the city. In the event of a conflict, the use must comply with all applicable standards.

External reference resources:
LégisQuébec – Civil Code of Quebec
RGCQ – Co-ownership guides and best practices

Common situations involving a change of use (and sensitive issues)

Here are typical situations in which a co-owner wants to change or intensify the use of their fraction. Each scenario raises recurring issues for the board of directors and the meeting of co-owners.

• Short-term rentals (e.g., stays of a few nights)
  • Risks: traffic, noise, security, increased wear on common portions and complaints. Many declarations of co-ownership expressly prohibit rentals of less than one month.
  • Regulatory considerations: municipal compliance, lodging tax and registration requirements, where applicable.
• Professional office or clinic in a residential unit
  • Issues: traffic, parking, confidentiality and building compliance (signage, exits, accessibility). It may be considered incompatible if the destination is strictly residential.
• Home daycare or childcare service
  • Issues: safety, fire standards, evacuation capacity and noise during peak hours. Specific renovations and insurance are often required.
• Workshop, studio or online business receiving customers
  • Issues: frequent deliveries, odours/emissions, storage, nuisances and increased risks.
• Intensive co-living or multiple “rooms”
  • Issues: occupancy density, safety, noise and waste management. This may conflict with occupancy limits or the building’s residential character.

In all cases, a more “public” or intensive use may affect the common expenses, safety and the syndicate’s insurance. The board of directors must assess these effects and verify compliance with the internal documents (declaration of co-ownership, by-laws) and the law.

Useful references:
Revenu Québec – General information (e.g., lodging tax)
RBQ – Construction Code and work compliance
OACIQ – Disclosure obligations on sale

The recommended process in 6 steps

1. Read the declaration of co-ownership and the by-laws of the immovable
   • Look for clauses on the destination of the immovable, permitted/prohibited uses, rentals (minimum duration), signage, noise and penalties. Note the relevant sections.
2. Check municipal rules and potential permits
   • Before approaching the board of directors, confirm the required zoning and permissions (use, signage, parking and fire standards). A use prohibited by the municipality will also be refused by the syndicate.
3. Submit a written request to the board of directors with a clear plan
   • Describe the proposed use, schedule, renovations, flow of people, parking, waste management and mitigation measures (noise and security). Attach a letter from your insurer, if applicable.
   • The board of directors may request an impact assessment concerning the common portions and safety, and consult the syndicate’s insurer.
4. Board of directors’ review and preliminary decision
   • The board of directors assesses compliance with the declaration of co-ownership and the by-laws, then decides whether to recommend the use to the annual general meeting. For minor changes, the by-laws may already provide for an administrative authorization process.
   • If the use is incompatible with the destination of the immovable, an amendment to the declaration of co-ownership may be required, involving a more demanding vote at the annual general meeting (see sections 1096 to 1098 C.C.Q.).
5. Annual general meeting: notice of meeting, quorum, resolution and minutes
   • Put the item on the agenda with a clear draft resolution. Comply with the notice periods, advance documentation and quorum requirements.
   • The required majority will vary depending on the nature of the change (by-laws of the immovable, rules of use or destination). The result and reasons must be recorded in the minutes.
6. Implementation: updates and compliance
   • If the resolution is adopted, update the by-laws of the immovable or the declaration of co-ownership, as needed, following the required formalities (publication in the land register, where applicable).
   • Obtain municipal permits, hire licensed contractors for any work (RBQ) and notify the insurers. Update the co-ownership register and the maintenance logbook/EUC if permanent renovations are carried out.

Need help drafting notices, resolutions and conducting the annual general meeting? See our administrative management services. You can also browse recent posts on our blog.

Votes, quorum and amendments: understanding the thresholds without making a mistake

The C.C.Q. provides for different majorities depending on the importance of the decision. In simplified terms:

• Rules of use or good neighbour relations set out in the by-laws of the immovable: generally adopted by the majority required for by-laws (see section 1096 C.C.Q.).
• More significant decisions (for example, amendments affecting the exercise of rights or certain alterations to common portions): require a strengthened majority (see section 1097 C.C.Q.).
• Fundamental changes (e.g., changing the destination of the immovable or substantially altering co-owners’ rights): may require an even higher level of approval, sometimes unanimity (see section 1098 C.C.Q.).

Since each co-ownership has its own declaration of co-ownership, destination and history, it is prudent to seek legal advice before calling the annual general meeting. Precise wording for the resolution and the proper wording in the minutes reduce the risk of a challenge.

Reference table (for guidance only):

For official references, consult the Civil Code of Quebec.

Risks to anticipate (and how to mitigate them)

• Municipal non-compliance
  • Mitigate this risk by validating zoning, permits, signage and fire standards before the annual general meeting, and including these confirmations in the file.
• Insurance and liability
  • A riskier use may increase the premium or impose conditions (locks, detectors and evacuation plans). Obtain written confirmation from your insurer and inform the syndicate’s insurer.
• Nuisances and quality of life
  • Plan limited opening hours, noise management, delivery protocols and parking rules. Add measures to the by-laws that apply to everyone.
• Co-ownership finances
  • Increased wear on common portions means more frequent maintenance and potential costs for the contingency fund. Assess the impact in the annual budget and, if necessary, adjust the maintenance guidelines.
• Taxation and commercial compliance
  • Certain uses create tax obligations (e.g., lodging tax for short-term rentals, tax registrations and the collection/remittance of taxes). Refer to Revenu Québec.
• Work and technical compliance
  • Renovations (partitions, ventilation and exit signage) may be required. Use RBQ-licensed contractors and comply with the Construction Code. See the RBQ.

Frequently asked questions

Q1. Can the board of directors refuse a change of use?

Yes, if the proposed use conflicts with the declaration of co-ownership, the by-laws of the immovable or the destination of the immovable, or presents serious risks (safety, nuisances or insurance). The board of directors must give reasons for its decision, seek mitigation measures and, where applicable, submit the issue to the annual general meeting with a recommendation.

Q2. Is unanimity always required to change a use?

No. It depends on the nature of the change. A minor adjustment to the by-laws may follow the ordinary majority, while a change affecting the destination of the immovable may require a much higher level of approval, sometimes unanimity (see sections 1096 to 1098 C.C.Q.).

Q3. What are the risks of proceeding without authorization?

The syndicate could impose the penalties set out in the by-laws, seek an injunction to stop the use, claim the expenses incurred or inform the municipal authorities. Non-compliance may also affect your insurance coverage and complicate a potential sale (disclosure obligations; see the OACIQ).

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

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