Divided co-ownership: an injunction orders the dismantling of Telus antennas

On June 17, 2025, the Superior Court of Quebec rendered an important judgment in divided co-ownership law, in the case of Syndicat Jardins Windsor Phase Horizontale v. Syndicat Jardins Windsor Phase III, Telus Communications Inc. and Vidéotron Ltd. In this case, the applicant syndicate opposed the installation of telecommunications equipment in common portions of the Phase 3 building of this complex, managed by Syndicat Jardins Windsor Phase III, Telus Communications Inc. and Vidéotron Ltd. were also targeted by the action.

Phased co-ownership: A reminder of the rules

Located in the middle of Montreal, in the Griffintown district, the Jardins Windsor complex includes approximately 650 residential units divided into several phases. The complex is managed by the Syndicat Jardins Windsor Phase Horizontale (the plaintiff Horizontal Syndicate), according to the initial declaration of co-ownership (DCI). Each phase also has its own declaration, called the concomitant declaration of co-ownership (DCC), as well as its own syndicate of co-owners.

Antennas installed without authorization, in violation of the building's residential purpose

In 2023, the Syndicat Jardins Windsor Phase III (the defendant Syndicate) entered into commercial leases with Telus and Videotron, without the authorization of the Horizontal Syndicate, allowing the installation of telecommunications equipment on common portions—including the roof, exterior walls, and certain technical areas. This equipment was installed without prior notification, which triggered a legal challenge.

Represented by Dunton Rainville, the Syndicat Horizontal sought a provisional, interlocutory, and permanent injunction to order the complete dismantling of the facilities, alleging a serious violation of the building's exclusively residential purpose and the architectural harmony servitude provided for in the declaration of co-ownership.

An exemplary decision: a reminder to respect co-ownership rules

Presided over by the Honourable Silvana Conte, J.C.S., the Court ruled in favor of the Syndicat Horizontal and concluded that:

• The commercial leases entered into with Telus and Vidéotron are incompatible with the declarations of co-ownership (DCI and DCC), which do not allow the rental of common portions;
• The installation by Telus of the nine imposing antennas (12 to 15 feet high), supports, and equipment alters the exterior appearance of the building, in violation of the harmony servitude; The facilities are not intended to serve the co-owners, but rather to provide services to external customers, which constitutes an illegal commercial operation in a residential co-ownership;
• The Phase III co-owners' association is a non-profit organization, and the provisions of the declarations of co-ownership (DCI and DCC) do not allow it to seek profit.

A judgment with educational value

This judgment reiterates that in a phased co-ownership situation, each of the concurrent syndicate remains bound by both the declaration of co-ownership specific to its phase and the initial declaration of co-ownership (DCI). The decision reaffirms the legal force of the declarations of co-ownership, recalling that the purpose of the building is one of the pillars of the divided co-ownership regime. It also reaffirms that the common portions cannot be used for commercial purposes without the consent of the relevant associations. Finally, the judgment highlights the structuring role of the servitude of harmony, which aims to preserve visual and architectural uniformity between the phases of the same real estate complex.

Dunton Rainville on the front line

This legal success is the result of the rigorous work of a team of experienced lawyers at Dunton Rainville, composed of Alain Chevrier, Alexandre Fournier, Yves Joli-Cœur, and Alex Laplante, who brilliantly represented the Horizontal Syndicate. Their intervention illustrates the importance of specialized defense in co-ownership law, particularly in the complex context of multi-phase co-ownerships.

To view the full judgment, visit the following link: Syndicat Jardins Windsor Phase Horizontale v. Syndicat Jardins Windsor Phase III, Telus Communications Inc. and Vidéotron Ltd.