Demand Letter to a Syndicate and Co-Owner: When and How

A demand letter is the formal tool by which a divided co-ownership syndicate requires a co-owner to correct a situation or pay what they owe within a reasonable period. When properly drafted and delivered, it opens the door to remedies (interest, damages and judicial collection) if the default continues. Here is when to use it, what to include and how to send it to protect the building and the syndicate’s rights.

When should you send a demand letter?

Before reaching that point, favour friendly reminders and simple written notices. A demand letter becomes appropriate when:

• Common expenses (common charges and assessments) are overdue despite a reminder; the obligation to contribute to common expenses arises from the Civil Code of Quebec (see section 1064 C.C.Q., LégisQuébec).
• A co-owner is violating the by-laws of the immovable or the declaration of co-ownership (excessive noise, prohibited pets, unauthorized short-term rentals, etc.).
• Access to the private portions is refused for maintenance or repairs to the common portions provided for in the maintenance logbook / EUC.
• Work in a private portion is damaging the common portions or does not comply with the rules (e.g., structural modifications without board of directors approval).

Under Quebec law, a demand letter places the debtor in default when it clearly describes what they are being accused of and sets a deadline for complying (see the general provisions on default under the Civil Code of Quebec, particularly section 1594, LégisQuébec). It is not always mandatory, but it is strongly recommended to document the syndicate’s administration, demonstrate the syndicate’s good faith and prepare for potential legal proceedings.

Content and format: essential elements

A clear and complete demand letter should include:

• Identification of the syndicate, the co-owner concerned and the unit involved.
• The legal basis: references to the declaration of co-ownership, the by-laws of the immovable, the relevant minutes and the applicable sections of the Civil Code of Quebec (e.g., contribution to common expenses, section 1064 C.C.Q.).
• The facts: dates, amounts, previous notices, documented incidents, photos or reports, where applicable.
• The specific demand: pay a specified amount (principal and interest, if provided for) or stop a behaviour, remove a non-compliant installation, provide access, etc.
• A reasonable deadline: often 10 calendar days; adjust it according to the urgency and nature of the default.
• The consequences of inaction: collection, a legal claim (including before the Small Claims Division, if applicable), a claim for costs if permitted by the declaration of co-ownership, and registration or renewal of collection proceedings.
• The authorized signature (board of directors or authorized condominium manager) and contact information.

For delivery, favour a trackable method: registered mail, a bailiff or any method that provides reliable proof of delivery and receipt. Email can be used as a supplement, but make sure you can prove delivery. Keep a complete copy in the syndicate’s records.

Five-step process for the board of directors

1. Document the default
   Gather the evidence: statements of account, previous exchanges, incident reports, photos, excerpts from the declaration of co-ownership/by-laws and board of directors/annual general meeting minutes as needed.

2. Authorize the delivery
   The board of directors adopts a resolution authorizing the demand letter and designating the person who will sign it. This resolution helps establish the signatory’s authority.

3. Draft it and calculate the amount correctly
   Use a standardized template. Attach a detailed statement of account for common expenses (principal, interest if provided for and penalties authorized by the declaration of co-ownership). Avoid any amount not provided for in the declaration of co-ownership or not supported by evidence.

4. Send it with proof
   Send it by registered mail or bailiff. Record the date of delivery and the start of the deadline. Follow up by email to encourage an amicable resolution.

5. Monitor and escalate as needed
   If the default continues after the deadline, consider a written arrangement (payment agreement) or begin the available remedies: extrajudicial collection, filing a legal claim and, where applicable, using the syndicate’s legal hypothec provided for in the Civil Code of Quebec. Your condominium manager or legal adviser can guide you.

To structure this process and centralize evidence, see our Services – Administrative Management page: multiRent – Services. You can also consult our blog for other practical guides.

Common mistakes to avoid (and best practices)

• Unrealistic deadline: a deadline that is too short may be considered unreasonable. Adjust it according to the urgency and complexity.
• Aggressive or threatening tone: remain factual and professional. Do not announce measures that are illegal or not provided for in the declaration of co-ownership.
• Wrong person or wrong address: verify the registered co-ownership and the address for service, and include every jointly liable co-owner where applicable.
• Incorrect amounts: detail the principal, authorized interest and permitted costs. Avoid claiming costs not provided for in the declaration of co-ownership or by law.
• Insufficient legal basis: cite the relevant clauses of the declaration of co-ownership/by-laws and, where necessary, the sections of the Civil Code of Quebec concerning default and obligations. Refer to reliable resources to validate your steps.

Useful resources:
LégisQuébec – C.C.Q.
section 1064, C.C.Q. (LégisQuébec)
RGCQ
LégisQuébec – Code of Civil Procedure

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

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