Condo Renovations: When Board Approval Is Required

In a divided co-ownership, renovating your condo involves more than choosing materials and a contractor. Depending on the scope of the work, you may need the approval of the board of directors, or even a decision by the co-owners at an annual general meeting. Understanding who decides and when can help prevent work stoppages, penalties and disputes.

Your declaration of co-ownership (DCV) and the by-laws of the immovable govern projects involving private portions and common portions. The Civil Code of Quebec also sets out certain majority requirements for significant work (see sections 1097 and 1098 of the Civil Code of Quebec). Here is what you need to know about when board approval is required for a condo renovation and how to proceed.

Work in Your Condo or the Common Portions: Who Decides?

In most divided co-ownerships, you are free to improve the appearance of your private portion as long as you do not affect the common portions or the rights of other co-owners. For example, repainting or replacing cabinets usually does not require authorization.

Conversely, several elements located in or serving your unit belong to the common portions, often common portions for restricted use. These include concrete slabs, load-bearing walls, columns, plumbing stacks, drainage stacks, electrical risers, window frames and, sometimes, patio doors. Any modification to these elements normally requires the syndicate’s prior written authorization through the board of directors.

Your declaration of co-ownership and the by-laws of the immovable specify how common portions and private portions are allocated and set out the rules for work, including forms, deposits, schedules, nuisance management and elevator use. Consult them before planning anything. The RGCQ also provides good practices for divided co-ownerships and their co-owners, which can be useful before a project begins.

• Reference on co-ownership practices: https://rgcq.org/
• Civil Code of Quebec (overview): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

When Board Approval Is Required

Generally speaking, board approval will be required when your work:

• affects or could damage common portions, such as load-bearing walls, slabs, columns, balconies or shared fenestration;
• modifies, moves or connects to common systems, such as vertical plumbing, ventilation, sprinklers, electrical risers or the intercom;
• increases structural loads or creates a risk to waterproofing or acoustic insulation, such as removing shower tile or changing flooring in a way that could increase noise;
• requires a municipal permit or involves compliance with the Building Code or Safety Code, such as electrical reconfiguration;
• changes the exterior appearance or uniformity of the building, such as windows, entrance doors, visible air conditioners or awnings;
• concerns a parking space or a common portion for restricted use, such as adding an electric vehicle charging station, anchors or penetrations;
• could affect the syndicate’s or the co-owners’ insurance.

The board of directors may require sealed plans, proof of a contractor’s licence and civil liability insurance. In Quebec, the contractor you hire must hold the appropriate RBQ licence for the category of work involved. Check these points before signing a contract.

• Contractor licensing and obligations: https://www.rbq.gouv.qc.ca/licence-entrepreneur/

Always wait for formal approval before work begins. In the event of non-compliance, the syndicate may require you to restore the property at your expense and record the situation in the board’s minutes.

When an Annual General Meeting Decision Is Required

Some interventions exceed the board of directors’ authority. The Civil Code provides for enhanced majority requirements at a meeting, whether an annual general meeting or special meeting, for significant improvements or transformations to the common portions, or for changes to the destination of the building.

• Significant improvements or transformations to the common portions, such as an addition, a new elevator or a major lobby renovation: a decision by the co-owners with the majority required by law for that type of act, generally a double majority based on both the number of co-owners and the votes cast (see section 1097 of the Civil Code of Quebec).
• A change to the destination of the building or substantial modifications to the rights and obligations of the co-owners: a unanimous decision of the votes, unless specific provisions apply (see section 1098 of the Civil Code of Quebec).

These projects often involve collective expenditures charged to common expenses, sometimes financed through the contingency fund or a special assessment. They must be put to a vote at a meeting and recorded in the minutes. An update to the contingency fund study or maintenance logbook may be required to reflect the new assets and their maintenance cycles.

• Relevant sections (Civil Code of Quebec, majorities and decisions): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

How to Request Approval Without the Hassle

Here is a simple process to increase your chances of approval and avoid delays:

1. Review the declaration of co-ownership, the by-laws of the immovable, the contingency fund study and the maintenance logbook. Determine whether the elements concerned are common portions and identify the required documents.
2. Prepare a complete file for the board of directors: a description and scope of the work, materials, plans and technical notes, nuisance management measures, a schedule, an RBQ-licensed contractor and proof of insurance, as well as electrician and plumber certifications where required. Include a budget estimate and, if applicable, the anticipated municipal permit.
3. Submit your request in writing to the syndicate according to the prescribed procedure. Allow a reasonable amount of time for review and do not begin before the authorization resolution is passed.
4. Receive the board’s decision and comply with the conditions imposed, such as permitted hours, protection of common portions, a security deposit, an inspection before and after the work, and waterproofing or acoustic certification. Keep the authorization and resolution number in the unit’s file.
5. Carry out the work, report any unforeseen issues and request a completion letter after the inspection. The matter may be mentioned in the board’s minutes and added to the archives.

Need help structuring the authorization, minutes and follow-up process? See our administrative and operational management services: https://www.multirent.ca/services/#gestion-administrative and https://www.multirent.ca/services/#gestion-des-operations. For more resources, also visit the blog: https://www.multirent.ca/blogue/.

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

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