Telework in a Quebec Condo: Commercial Use?

Telework has become established in many workplaces, including divided co-ownerships. For many syndicates and boards of directors, the same question keeps coming up: when does telework in a condo become commercial use under the DC (declaration of co-ownership) and municipal by-laws? The answer involves the “destination of the building,” the by-laws of the immovable and nuisance management.

In this article, we clarify what the Civil Code of Quebec permits, how to distinguish telework from a business, and what practical guidelines can be adopted to protect the peace and quiet of the common portions and private portions without unnecessarily infringing on co-owners’ rights.

What the law and the declaration of co-ownership say about condo use

In a divided co-ownership, each co-owner enjoys their fraction subject to the law, the declaration of co-ownership and the destination of the building (see section 1063 C.C.Q.). The declaration of co-ownership includes the constituting act, the by-laws of the immovable and the description of the fractions; it specifies whether the building is intended for residential, mixed or other use, as well as the applicable use restrictions.

• The “destination of the building” serves as a guide. A residential building generally aims to provide housing and peace and quiet.
• The by-laws of the immovable may govern conduct, the use of the common portions and private portions, and enjoyment of the premises (see section 1070 C.C.Q.).
• Municipalities also impose zoning rules that may limit commercial activities carried out from home.

In practice, carrying out the tasks of one’s job at home (virtual meetings, writing, programming, and so on) is consistent with residential use when there is no significant impact on peace and quiet, safety or the operation of the common portions.

For reference:

• Civil Code of Quebec – provisions on divided co-ownership (see sections 1063 and 1070 C.C.Q.) — LégisQuébec: read the CCQ
• Role of the by-laws of the immovable in co-ownership — OACIQ: oaciq.com
• Good management practices in co-ownership — RGCQ: rgcq.org

When does telework become commercial use?

Telework, on its own, is not a business. However, some situations cross over into commercial use prohibited by the declaration of co-ownership or municipal zoning, or create a nuisance. Concrete indicators include:

• Business signage or advertising visible from the common portions or outside the building.
• Regularly receiving clients, suppliers or employees.
• Storing merchandise, heavy equipment or hazardous materials.
• Unusual traffic (multiple daily deliveries, people coming and going) and noise perceptible in the common portions or neighbouring units.
• Modifying the unit to operate a studio, noisy workshop or service involving the public.

If one or more of these situations exist, the board of directors must review the declaration of co-ownership, the by-laws of the immovable and the zoning rules. When the declaration of co-ownership provides for a strictly residential destination, operating a business is generally prohibited. Even in a building with a “mixed” destination, commercial activity in a residential private portion may require specific authorization and strict compliance with peace-and-quiet and safety rules.

Useful resources:

• Destination, by-laws and use — LégisQuébec (by-laws of the immovable, see section 1070 C.C.Q.): see the CCQ
• RGCQ practical guides on co-ownership living and nuisances: rgcq.org

Assessing nuisance: peace and quiet, safety and common expenses

Even without constituting a business, poorly managed telework can become a nuisance. Management should be based on objective, documented criteria.

• Peace and quiet: repetitive noise audible in the corridor, speakerphone calls and humming equipment. Record the times, frequency and intensity.
• Safety: accumulation of parcels in lobbies, recurring entry by non-resident visitors and bypassing access procedures.
• Common expenses: improper use of common rooms for professional activities, increased electricity consumption in the common portions and management of bulky waste related to an activity.

Practical method for the board of directors:

1. Document the facts: emails, admissible photographs, delivery logs and observations by a condominium manager. Keep a file and record the matter in the minutes of board of directors meetings.
2. Communicate: remind the co-owner in writing of the rules in the declaration of co-ownership and the by-laws of the immovable. Propose adjustments (quiet equipment, schedules and parcel drop-off locations).
3. Escalate measures gradually: notice, request for compliance, then the sanctions provided for in the by-laws, while respecting proportionality and the right to be heard.
4. Targeted escalation: if the activity is genuinely commercial, require it to cease and, if necessary, consult legal counsel.

For general references on the applicable legal framework:

• Civil Code of Quebec – co-ownership: LégisQuébec

Best practices for the board of directors: set guidelines without overreaching

Objective: allow quiet, respectful telework while prohibiting the disguised operation of a business. Here are practical measures to include or update in the by-laws of the immovable, always consistently with the declaration of co-ownership and the destination.

• Clarify: “Office telework without receiving clients is permitted; no signs, employees or recurring receipt of suppliers.”
• Address nuisances: prohibit noise perceptible in the common portions and neighbouring units outside reasonable hours; noisy equipment is prohibited.
• Manage deliveries: set guidelines for hours, drop-off locations and volumes. Prohibit professional parcels from obstructing the common portions.
• Safety and access: prohibit sharing keys with commercial third parties; require visitors to be entered in the register, where necessary.
• Evidence and sanctions: provide for graduated notices and administrative penalties, with the possibility of mediation.
• Municipal compliance: remind co-owners of the obligation to comply with applicable zoning.

Stewardship and governance:

• Place a targeted update to the by-laws on the agenda of the annual general meeting. Submit a draft, consult the syndicate, then vote in accordance with the declaration of co-ownership and the C.C.Q.
• Distribute a reminder to co-owners (internal FAQ) and attach it to the minutes to ensure traceability.
• Train the condominium manager and superintendent to recognize higher-risk situations and follow the intervention procedure.

See our services for administrative support, drafting or updating your rules: administrative management and operations management. You can also browse our articles: multiRent blog.

Sample clauses to consider

• Telework is permitted provided that it does not alter the exterior appearance, result in increased traffic or cause a measurable nuisance.
• No storage of merchandise intended for resale in residential units.
• Using the common portions for professional appointments or installing production equipment there is prohibited.

Proportionate disciplinary process

• First written notice: reminder of the rules and corrective recommendations.
• Second notice: firm deadline and mention of the applicable sanctions.
• Sanction: administrative fine in accordance with the by-laws, with the possibility of review by the board of directors.

Resource to know about the scope of the by-laws of the immovable:

• Legal framework for the by-laws (see section 1070 C.C.Q.) — LégisQuébec

FAQ — Telework, use and condo by-laws

• Can I register my business at my condo address?

  This depends on the declaration of co-ownership, the by-laws of the immovable and municipal zoning. Administrative registration without signage or increased traffic may be tolerated, but operating a business from a residential unit is often prohibited. Check your documents and ask the board of directors for its position.

• Can my clients come by occasionally?

  Occasional, discreet visits without nuisance or traffic may be tolerated under the internal rules. Recurring visits by clients or employees resemble commercial use and may be prohibited. If in doubt, ask the board of directors for written authorization.

• Can the board of directors ban telework altogether?

  Banning quiet office telework would be difficult to justify if the destination continues to be respected. However, the board of directors may prohibit any activity displaying the characteristics of a business or causing a nuisance. Everything must be based on the declaration of co-ownership, the by-laws, zoning and the C.C.Q.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

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