TAL and Quebec Co-ownership: Procedures, Deadlines, Evidence

The Administrative Housing Tribunal (TAL) primarily deals with residential leases. In divided co-ownership, however, it becomes essential as soon as a unit is rented and a dispute involves a lease, occupancy, nuisances or a tenant’s compliance with the by-laws of the immovable. Understanding when and how to use the TAL in Quebec co-ownership can help you avoid costly detours.

This article outlines, for a board of directors or a syndicate, the typical situations in which to apply to the TAL, the procedural steps, expected timelines and evidence to gather. We also discuss cases that fall under the civil courts instead (for example, recovery of common expenses) so you can choose the appropriate avenue.

When should you apply to the TAL in co-ownership?

The TAL has jurisdiction when there is a residential lease related to the unit. In co-ownership, this generally means that proceedings involving a tenant (or a co-owner acting as landlord) go through the TAL. Common examples include:

• A tenant’s failure to comply with the by-laws of the immovable (excessive noise, smoking, prohibited pets, Airbnb use contrary to the declaration of co-ownership and the by-laws).
• Interference with the normal enjoyment of the other occupants arising from a lease (e.g., incessant traffic related to a short-term rental).
• A tenant’s refusal to provide access for urgent work in the common portions or for planned preventive maintenance in private portions accessible only through the unit.
• An application to terminate the lease or for an order to stop an ongoing breach of the declaration of co-ownership (see the provisions of the Civil Code of Quebec governing rental in co-ownership).

Conversely, several disputes do not fall under the TAL and must be brought before the ordinary courts (often the Court of Quebec):

• Recovery of common expenses, special assessments or unpaid condo fees from a co-owner (see section 1064 of the Civil Code of Quebec).
• Monetary penalties under the by-laws of the immovable claimed from a co-owner (where no lease is involved).
• Work and defects in the common portions relating to the syndicate’s obligations (governance, contingency fund, maintenance logbook/contingency fund study) where no lease is involved.

Useful reference: the divided co-ownership provisions of the Civil Code of Quebec set out the syndicate’s powers and the enforceability of the declaration of co-ownership and the by-laws against occupants (see sections 1064, 1072 and 1080 of the Civil Code of Quebec).

Essential steps before filing an application with the TAL

Before applying to the TAL, organize your file. Thorough preliminary steps increase your chances of success and may even resolve the issue without a hearing.

• Verify the legal basis: identify the clauses of the declaration of co-ownership, the by-laws of the immovable and the lease that have been breached. Make sure the rules were properly adopted and circulated (see section 1072 of the Civil Code of Quebec).
• Notice and formal demand: send a clear notice of the violation to the co-owner-landlord and, if known, to the tenant. Allow a reasonable time to correct the situation. In serious and persistent cases, send a formal demand letter.
• Board involvement: record the steps taken in the minutes of a board meeting. Attach resolutions authorizing the condominium manager or a representative to act before the TAL.
• Providing the declaration of co-ownership: under the Civil Code of Quebec, the landlord must give the declaration of co-ownership to the tenant and notify the board of the tenant’s identity. If this requirement has not been met, mention it in your notices.
• Prepare access to the premises: if the dispute involves access to a private portion for work on common portions (water riser, drain stack), schedule access windows and technical witnesses in advance.

Filing the application with the TAL:

• State precise conclusions: an order to stop a nuisance, comply with the by-laws, provide access to the premises, terminate the lease, etc.
• Attach your exhibits: declaration of co-ownership, by-laws, leases, notices and formal demand letters, photos/videos, testimony, incident log, excerpts from the minutes of annual general meetings/board meetings, and evidence of recurring complaints.
• Identify the parties: name the co-owner-landlord and, where necessary, the tenant. In some cases, separate conclusions are required depending on their respective obligations.

To standardize your administrative practices, see how to organize your files through our administrative management service: https://www.multirent.ca/services/#gestion-administrative

Typical timelines and managing expectations

TAL timelines vary depending on the nature of the dispute, its urgency, the region and courtroom availability. In Montreal, hearings involving ongoing nuisances supported by documented evidence may be held within a few weeks to a few months. Complex applications involving multiple witnesses or expert evidence often take longer.

• Urgency and safety: active water infiltration, health or safety risks, and serious interference with enjoyment may be prioritized.
• Parties’ preparation: an incomplete file leads to adjournments. A well-organized file with paginated exhibits speeds up the hearing.
• Settlement before the hearing: many files are settled after a formal demand or at a case management conference, shortening the timeline.

Indicative examples (not exhaustive):

• Application for an order providing access to the premises: often faster, especially where urgency is proven.
• Application to terminate a lease for prohibited Airbnb use and proven nuisances: variable; requires extensive and ongoing evidence.
• Order to stop conduct (noise, smoke): intermediate timelines; an incident log and corroborated complaints are essential.

For sound budget planning related to proceedings (professional fees, reports, expert evidence), include these items in the annual budget and in contingency fund monitoring where appropriate. See our practical financial management guidelines: https://www.multirent.ca/services/#gestion-financiere

Building a strong evidence file

A persuasive file is based on objective, continuous and well-organized evidence. Here is what you should gather for a TAL application involving co-ownership:

• Declaration of co-ownership and by-laws of the immovable: identify the applicable clauses and attach the versions in force.
• Lease and schedules: particularly clauses making the by-laws and policies enforceable (e.g., a prohibition on short-term rentals).
• Notices, emails and formal demand letters: keep all correspondence, with proof of sending and receipt.
• Incident log: dates, times, duration and witnesses; record events objectively and without insulting language.
• Testimony: affected neighbours, concierge and manager; prepare brief statements and contact information.
• Photos and video/audio recordings: use dated files whenever possible; respect privacy and the legality of the collection.
• Minutes of annual general meetings/board meetings and resolutions: demonstrate the syndicate’s diligence and authorization to act.
• Technical reports: infiltration, noise and odours; expert reports, sound readings and bailiff’s reports where necessary.
• Maintenance logbook/contingency fund study and access notices: useful when access to a private portion is required to maintain a common portion.

For disputes involving work or alleged defects raised by a tenant, evidence that contractors complied with applicable requirements may help. Verify the licence and categories with the Regie du batiment du Quebec (RBQ): https://www.rbq.gouv.qc.ca/trouver-un-entrepreneur/

Finally, paginate your exhibits, create an index and prepare a separate binder for the version provided to the TAL and the parties. This level of organization reduces the risk of an adjournment.

At the TAL hearing: process and decisions

A TAL hearing is generally less formal than a civil court proceeding, but preparation remains essential. Arrive early with several copies of your exhibits, a witness list and a concise presentation plan.

Role of the board and manager

• Representation: the syndicate may be represented by a director, an authorized manager or a lawyer, depending on the complexity of the file.
• Testimony: prioritize witnesses with direct knowledge of the facts (e.g., affected neighbours, concierge and maintenance employee). The manager testifies about the administrative steps, notices sent and compliance with the declaration of co-ownership.
• Submissions: connect the facts to the specific clauses of the declaration of co-ownership, the by-laws and, where applicable, the lease. Explain the concrete impact on the enjoyment of the other co-owners.

After the decision: enforcement, review and next steps

• Enforcement: if an order requires conduct to stop, promptly monitor its application and document any subsequent breach.
• Review/correction: under the statute governing the TAL, certain decisions may be reviewed or corrected in limited circumstances (clerical error, relevant new facts). Refer to the Act respecting the Administrative Housing Tribunal for the applicable rules: https://www.legisquebec.gouv.qc.ca/fr/document/lc/T-15.01
• Other proceedings: where a co-owner is unwilling to comply and no lease is involved, return to the appropriate civil avenue to enforce the by-laws or recover amounts owing.

To read more practical content, visit the multiRent blog: https://www.multirent.ca/blogue/

Useful legal references (Civil Code of Quebec)

• Section 1064 of the Civil Code of Quebec: obligation to contribute to common expenses; basis for civil claims for condo fees.
• Section 1072 of the Civil Code of Quebec: by-laws of the immovable enforceable against co-owners and, by extension, occupants where provided for in the lease.
• Section 1080 of the Civil Code of Quebec: the syndicate’s powers to ensure the maintenance, administration and preservation of the building (relevant to access to the premises and notices).

Consult the consolidated Civil Code of Quebec on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991 and the RGCQ’s practical resources: https://rgcq.org/

FAQ

• Can the TAL order the termination of a lease in co-ownership? Yes, when a tenant’s proven and ongoing breaches of the declaration of co-ownership or the by-laws cause serious prejudice. The co-owner-landlord and the tenant are then named in the application.
• Does recovery of unpaid condo fees fall under the TAL? No. These claims against a co-owner are generally filed before the civil courts, relying in particular on section 1064 of the Civil Code of Quebec and the syndicate’s statement of account.
• Are audio/video recordings admissible? Often yes, if they are relevant, dated and obtained lawfully without excessive interference with privacy. Support them with testimony and other objective exhibits.

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

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