Common Portions Occupancy Agreement – Condo Renovations

Work in a unit can quickly spill over into a building’s common portions. In a divided co-ownership, a temporary common portions occupancy agreement governs this access to prevent friction, protect the syndicate and secure the work site. In Montreal and throughout Quebec, this agreement specifies who does what, when and how, so that a co-owner’s renovations proceed without unnecessarily disrupting neighbours or damaging the building.

This article explains when the agreement is required, what it should contain and the approval process through the board of directors (the “board”), based on the declaration of co-ownership, the by-laws of the immovable and best practices.

Why is an agreement essential?

• To respect everyone’s right to use the common portions. The Civil Code of Quebec governs this use so that it does not interfere with others or with the destination of the immovable (see section 1063 C.C.Q. and LégisQuébec).
• To apply the by-laws of the immovable, which may establish procedures for carrying out work, noise, hours and access (see section 1072 C.C.Q.).
• To manage risks: damage to elevators, obstructions to evacuation routes, dust and resident safety.
• To clarify responsibilities and insurance: who is responsible for what in the event of damage, a loss or complaints.

Without a written agreement, a co-owner and their contractor may occupy a corridor, lobby or service elevator unpredictably, interfering with circulation and increasing risks. The agreement establishes predictable, traceable rules that are useful to the board, management and co-owners.

Also address the distinction between authorizing temporary occupancy and authorizing work affecting the common portions. Certain work requires a decision by the board or even by the meeting, depending on its scope and the declaration of co-ownership; the agreement does not replace those authorizations—it governs logistical occupancy and responsibility.

When and for what work does the agreement apply?

As soon as a private-portion project requires:

• Reserving and padding an elevator;
• Regularly transporting materials, equipment or bins through lobbies, corridors or the garage;
• Temporary storage in a common portion (e.g., loading area or corner of the garage);
• Access to the roof, a technical shaft, water shut-offs or common electrical outlets;
• Setting up a safety perimeter in a courtyard, on a sidewalk or in an underground parking area;
• Water or electrical shut-offs affecting other units.

Frequent examples in Montreal condos:

• Kitchen and bathroom renovations: repeated deliveries, water shut-offs and a temporary container.
• Replacing an air conditioner with a rooftop condenser: access to roofs and common shafts.
• Installing an electric charging station in the parking area: running cables through common portions with restricted use.
• Replacing windows or doors if, under the declaration of co-ownership, they are common portions with restricted use.

Pay attention to common portions with restricted use (balconies, terraces and parking spaces): they remain common portions. The occupancy agreement applies, and certain work may also require formal approval under the declaration of co-ownership and the by-laws of the immovable.

Key clauses in a temporary occupancy agreement

Here are the elements to include in a standard agreement between the syndicate (or its management) and the co-owner carrying out work.

1) Identification and description

• Contact information for the co-owner and principal contractor (RBQ licence, contact person and mobile number).
• A brief description of the work and its anticipated impacts on the common portions.

2) Scope and duration

• Authorized common portions: corridors, lobby, elevator X, loading dock, spaces Y to Z in the garage, roof and technical room.
• Duration and time periods: start and end dates, work and transport hours (often limited to daytime hours on weekdays).

3) Access, circulation and safety

• Required routes, buffer zones, barriers and safety signage.
• Keeping evacuation routes and fire department access clear at all times.
• Compliance with the building’s emergency plan.

4) Protection of property and cleanliness

• Mandatory protection: carpeting, panels, elevator padding and floor coverings.
• Daily cleaning of the areas used; removal of waste, dust and debris at the end of each day.

5) Reservations and common equipment

• Procedure for reserving the elevator and loading dock (time slots, supervision and elevator key, if applicable).
• Rules for installing a container (location, maximum duration, covering and municipal permit, if required).

6) Shut-offs and disturbances

• Notice procedures for water and electrical shut-offs (minimum notice periods and notice to affected co-owners).
• Management of noise, odours and vibrations; prohibitions (noisy work outside the agreed time periods).

7) Regulatory compliance and insurance

• Contractor licensed by and compliant with the RBQ’s rules.
• Proof of civil liability insurance for the contractor and co-owner; obligations to report to their insurer.

8) Responsibilities and indemnification

• Principle: the co-owner remains responsible for damage caused to the common portions and third parties by the co-owner, suppliers and agents.
• Obligation to restore the premises to their original condition; joint inspection before and after the work (photos and inspection checklist), with any applicable holdbacks until restoration is complete.

9) Fees, deposits and penalties

• Refundable security deposit conditional on restoration of the premises.
• Administrative or supervision fees, if applicable, in accordance with the by-laws of the immovable.
• Rebilling of actual costs for any additional cleaning, repairs or emergency call-outs required.

10) Governance and documents

• Full compliance with the declaration of co-ownership, the by-laws of the immovable and the board/management directives.
• Appendix: RBQ licence attestation, insurance certificate, delivery schedule, product safety data sheet and emergency contact information.

Include a brief condition report for the routes and a plan of the authorized zones in the agreement. Minutes of the before-and-after inspection, signed by the parties, help limit disputes.

Approval process and communication within the syndicate

A clear process reduces friction and speeds up decision-making.

1) Initial request by the co-owner

• Send the condominium manager a description of the work, schedule, list of subcontractors, insurance documents and RBQ licence.
• Specify the occupancy requirements: elevator, loading dock, technical room, water shut-offs and roof access.

2) Review by management and the board

• Verify compliance with the declaration of co-ownership and the by-laws of the immovable; where applicable, identify the authorizations required from the board or annual general meeting for work affecting the common portions.
• Adjust the agreement: hours, scope, protection requirements, deposit and supervision.

3) Approval and signing

• Board resolution authorizing the occupancy and the agreement template.
• Signature by the co-owner and, where applicable, the contractor.

4) Communication and supervision

• Written notice to affected co-owners: dates, noise periods and planned shut-offs.
• Signs in the common portions and elevator reservation.
• Periodic supervision by management; recording of deviations and corrective measures.

5) Closing

• Joint inspection, minutes confirming return of the premises and release of the deposit after defects have been corrected.

This methodology aligns with modern administrative and operational management practices. See how structured administrative management and operations management make it easier to apply this type of framework. For an overview of our offerings, see our packages and browse our blog for more guides for boards of directors.

FAQ – Common Portions Occupancy Agreement

Q1. Can the board refuse an occupancy request?

Yes, if the request contravenes the declaration of co-ownership, the by-laws of the immovable or the destination of the immovable, or poses an undue safety risk. The board must act reasonably and, where possible, propose terms that allow the work to proceed. Useful best-practice resources are available from the RGCQ.

Q2. Who pays for damage, cleaning or the concierge’s overtime?

In principle, the co-owner responsible for the work, through their contractors, assumes these costs. The agreement should provide for rebilling and a security deposit. These expenses must not become common expenses. The contingency fund is not intended to cover damage arising from work in private portions.

Q3. Is special insurance required?

Usually, yes. The co-owner must inform their insurer and require the contractor to carry valid liability insurance. The agreement specifies the evidence to be provided and responsibility for losses caused to the common portions.

Useful references:

• Right to use the common portions: LégisQuébec – Civil Code of Quebec, section 1063.
• By-laws of the immovable and contents: LégisQuébec – Civil Code of Quebec, section 1072.
• Choosing a licensed and compliant contractor: RBQ – Choosing a contractor.
• Best practices in co-ownership: RGCQ.

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

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

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