Private Portion Alterations: Board Approval

Renovating a condo in divided co-ownership requires more than a good contractor. Before removing a partition, relocating plumbing or installing a heat pump, you need to know whether authorization is required. In co-ownership, a private portion is not “free territory.” The declaration of co-ownership (DCV), the by-laws of the immovable and the board of directors (CA) govern alterations to a private portion when they affect the structure, insulation, noise, water-tightness, exterior appearance or common portions.

This article explains, in clear Quebec French, who authorizes what, the voting thresholds at the annual general meeting when necessary, municipal permits, and how to submit an application that gets approved by the board of directors without unnecessary back-and-forth.

Private portions, common portions and common portions for restricted use: where does your right to renovate stop?

• Private portion: the interior of your condo as defined in the declaration of co-ownership (finished walls, floor coverings, cabinets and certain equipment). You may carry out work there, but without compromising structural soundness, water-tightness or soundproofing, or infringing on the rights of other co-owners (see section 1063 of the Civil Code of Quebec, on LégisQuébec).
• Common portions: the structure, slabs, load-bearing walls, columns, facade, windows and exterior doors (often), balconies, roof, risers, drains, etc. Any alteration requires the syndicate’s authorization, often through the annual general meeting for significant changes (see sections 1066 and 1097–1098 of the Civil Code of Quebec, on LégisQuébec).
• Common portions for restricted use: balconies, terraces, parking spaces and, sometimes, windows assigned to a single condo. You have the use of them, but they are common portions. Work on them is generally prohibited without the syndicate’s written authorization and in accordance with the declaration of co-ownership.

First, consult the declaration of co-ownership and the by-laws of the immovable to determine whether an element is a private portion, common portion or common portion for restricted use. If in doubt, ask the condominium manager or the board of directors for a written position. The legal definitions and obligations can be found in the Civil Code of Quebec on LégisQuébec.

• LégisQuébec – Civil Code of Quebec (divided co-ownership)

Which work requires board approval (and sometimes approval at the annual general meeting)?

Each divided co-ownership may have its own rules, but several categories come up regularly. Here is a useful overview to help frame your project.

Even when the declaration of co-ownership permits a type of work, the board of directors may set requirements for the schedule, access, construction elevator, waste management and insurance certificates, and may impose technical specifications (for example, minimum acoustic underlay for flooring). Compliance with the maintenance logbook and with the maintenance obligations for common portions remains a priority.

• RBQ – Check a contractor’s licence
• RGCQ – Best practices in co-ownership

The approval process: how to submit a strong application to the board of directors

A clear application reduces delays and the risk of refusal. Use this outline as a guide:

1. Describe the planned work: objectives, stages and affected areas (rooms, walls and ceilings), with “before” photos.
2. Distinguish what is a private portion, common portion or common portion for restricted use under the declaration of co-ownership (cite the relevant clauses). If necessary, add a dimensioned plan and a note from a professional (engineer/architect) for any structural or building-envelope element.
3. Attach contractors’ quotes, their RBQ licence numbers and proof of civil liability insurance. Provide certificates of financial capacity if the divided co-ownership requires them.
4. Specify the schedule and duration, access (elevator, loading dock), material handling and timeline. Mention cleanliness and noise-reduction measures.
5. If the city requires a permit, submit it or provide proof that an application has been filed. Never begin work requiring a permit before obtaining it.
6. If required, offer a security deposit to cover any damage to common portions or additional cleaning/supervision costs.
7. Request formal written authorization, with precise conditions, signed by the board of directors or the authorized condominium manager. Keep everything in the minutes of the decision and in your condo file.

In a divided co-ownership under our management, a co-owner submitted a project to open a load-bearing wall between the kitchen and living room. The board of directors required plans sealed by an engineer, a municipal permit and specific protection for the construction elevator. The clear application led to approval in a single decision cycle, without an annual general meeting, because the exterior appearance and the destination of the building were not changed.

To understand how the administration and coordination of these requests fit into overall management, see our administrative management and operations management services. You will also find more practical advice on our blog.

When an annual general meeting and a co-owner vote are required

The board of directors can authorize many routine projects, but certain decisions exceed its authority and must be adopted by the meeting of co-owners:

• Significant alteration of a common portion or of its use (for example, making an opening in the facade or making a major change to windows if the model changes the appearance). A qualified majority vote may apply (refer to the declaration of co-ownership and the Civil Code of Quebec, for example section 1097).
• Change to the destination of the building (for example, changing it from residential to mixed-use or introducing incompatible uses). Here, the thresholds are higher (for example, section 1098 of the Civil Code of Quebec).
• Imposition of new binding standards that depart from the declaration of co-ownership or substantially increase common expenses.

The condominium manager or the syndicate secretary must place these items on the agenda, call the annual general meeting, establish quorum, receive valid proxies and record the decisions in the minutes. The precise voting thresholds depend on the Civil Code of Quebec and your declaration of co-ownership; if there is any ambiguity, consult a legal professional.

• LégisQuébec – Majority rules in divided co-ownership

Municipal permits, insurance and liability in the event of damage

Even with board approval, some work requires a municipal permit. In Montreal and on the South Shore, several boroughs regulate plumbing, electrical work, openings in walls, building-envelope alterations and the installation of visible mechanical equipment. Check with your borough before any demolition.

As for insurance, keep the following in mind:

• Your work must not compromise the syndicate’s insurance coverage (water-tightness, fire or infiltration). A failure to comply may make you liable for damage caused to common portions and neighbouring condos (see section 1077 of the Civil Code of Quebec, the principle of liability).
• The board of directors may require proof of the contractor’s liability insurance, a waiver of subrogation or confirmation of compliance with the codes.
• In the event of a loss during the work, notify the condominium manager immediately; prompt reporting limits the damage and facilitates the claim.

When hiring contractors, consult the RBQ requirements and make sure each specialty (plumbing, electrical work and structural work) is covered by the proper licence.

• RBQ – Contractor licences and obligations
• OACIQ – Renovations and the seller’s declaration (impact on resale)

Practical tips to avoid refusals and delays

• Plan for soundproofing: many syndicates require a tested underlay (IIC/STC) under flooring. Provide the exact product and its technical data sheet.
• Standardize finishes visible from outside: for windows, doors, air conditioners or outlets, use the models and colours approved by the syndicate to preserve uniformity.
• Plan deliveries and the construction elevator: announce the dates and reserve cab protection.
• Communicate with your neighbours: a note in advance reduces complaints and speeds up approval by the board of directors.
• Build in a cushion: if repairs to common portions are required, additional special assessments or restoration costs may be added.

To see how a management team can make these steps easier (verifications, minutes and follow-up on conditions), see who we are and our services.

FAQ – Condo approvals and renovations

• Can I change my flooring without approval? Often not. Most declarations of co-ownership require board approval with proof of minimum acoustic underlay. Without it, you may have to redo the work.
• Who decides whether a wall is load-bearing? An engineer or architect, not a contractor acting alone. The board of directors will require sealed plans before authorizing an opening.
• How long can the board of directors take? Allow one board meeting cycle (2 to 4 weeks depending on the syndicate). A complete application speeds up the decision. If an annual general meeting vote is required, add the notice period.

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

Do you manage a divided co-ownership in Quebec? Explore our packages or contact us to assess your needs.