Change of Use and Declaring Co-Ownership: Testing a Building’s destination

In the case of SSDL Immobiliers inc. c. Syndicat des copropriétaires du 285 Place d’Youville, 2025 QCCS 291 , the Superior Court clarified the principles applicable when a syndicate of co-owners and its board of directors are called upon to decide on work aimed at converting the use of a private unit – notably from commercial to residential – and affecting common areas.

The Court reiterates that the building’s intended purpose is the key criterion for determining its possible use. The analysis of the Co-Ownership Declaration revealed a residential purpose. Therefore, the proposed conversion did not alter its nature. Consequently, no amendment to the Co-Ownership Declaration nor any vote by the co-owners, within the meaning of Article 1097 of the Civil Code of Québec, were required.

The Court nonetheless specifies that the syndicate retains the obligation to ensure that the work will have no negative impact on the common areas or on the value of the building, in accordance with its duty of preservation².

Three options were considered regarding which decision-making body would be authorized to approve the work, according to the Co-Ownership Declaration and the Civil Code of Québec. The following options were considered: 1) approval by the board of directors; 2) a vote by the co-owners at a general meeting, approved by simple majority, required for work impacting the common areas, and 3) a vote by a qualified majority (supermajority) required for transformative work affecting common areas³.

The Court concludes that the work caused no damage or transformation to the common areas and did not impact them nor their use. In this context, only the board of directors had the authority to approve the work, without any discretionary power to exercise. The board was therefore obligated to authorize the work.

Takeaway Points:
This decision highlights the importance for a syndicate and its board of directors to rigorously assess the work proposed by a co-owner within a private unit, relying both on the applicable legislative provisions and the co-ownership declaration. Such an analysis enables the syndicate to correctly identify the competent decision-making body and to make an informed decision, helping to prevent disputes or litigation related to the authorization of the work.

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Michaud LeBel, s.e.n.c.r.l. 1265, boulevard Charest Ouest, Suite1265 Québec (Québec) G1N 2C9

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1 SSDL Immobiliers inc. v. Syndicat des copropriétaires du 285 Place d’Youville, 2025 QCCS 29.
2 Article 1039, Civil Code of Québec.
3 Article 1097, para. 1 of para. 2, Civil Code of Québec.