By continuing your navigation, you accept the use of cookies to have services and offers tailored to your interests.
To learn more view our Cookie Policy.
Location of the building or lot where the co-owners, lessees or occupants of the immovable have the right to park their vehicles. Parking is also composed of access roads. In divided co-ownership, the parking lot is presumed to be a common portion. It is therefore the responsibility of the syndicate of co-owners to ensure its maintenance and preservation. In addition, the parking spaces may be qualified by the declaration of co-ownership as common portions, common portions for restricted use, or private portions, as the case may be.
WARNING! Under the Building Chapter of the Safety Code, a co-ownership parking lot, for which the driving surface does not rest directly on the ground, is subject to maintenance requirements and various verifications to ensure that this component remains safe. In particular, the syndicate must keep a register, carry out inspections and obtain an audit report from an engineer, according to certain terms and periodicities.
07/05/2025
Mercredi 7 mai 2025, la Webradio de Condolegal proposait une édition spéciale animée par Valéry Couture, gestionnaire de copropriété chevronnée et PDG de Condo Stratégis, dédiée à un thème à la fois concret et souvent mal compris : le stationnement en copropriété. Qui peut stationner où ? À qui appartient l’espace ? Comment sont…...
16/06/2024
In our co-ownership, the use of indoor parking spaces is strictly regulated for safety and proper management. Our declaration of co-ownership, in the building regulations section, states that no object other than an automobile may be stored in an indoor parking space without prior written authorization from the board of…...
14/06/2024
In many co-ownerships, managing common spaces represents a daily challenge. Among these challenges, vehicle parking is a thorny issue, just like everywhere else. There are often not enough spaces for all the cars, not to mention those that illegally occupy spots reserved for visitors or remain parked for months without…...
02/06/2024
As a member of the board of directors of our syndicate of co-owners, we have recently encountered cases of co-owners losing their garage door remote controls. We would like to remind everyone that, in accordance with the by-laws of the immovable, replacement costs are borne by the co-owner in case…...
.jpg)
27/03/2024
Vehicle parking within the immovable may be organized as a common portion for restricted use. Most often than not, declarations of co-ownership (constituting act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use; this is also true for indoor parking spaces when the developer (declarant) decides that it…...
26/03/2024
Despite increased congestion in major urban centers, many co-owners still favor their car as a means of transportation. The densification of cities accentuates chronic congestion which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs since it is generally forbidden to park…...
25/03/2024
Parking spaces designated as private portions are common in divided co-ownership; this specific legal status is granted to them by the declaration of co-ownership, which identifies them as fractions in the section dedicated to the description of the fractions. Similar to an apartment held in co-ownership (condominium), all parking spaces have a…...
22/03/2024
The legal status of parking spaces varies from one co-ownership (condominium) to another, according to the provisions of the declaration of co-ownership (constituting act of the co-ownership). These spaces, intended for vehicle parking, can be located either underground or outside the immovable. It is essential to distinguish the spaces classified as private portions from others,…...
01/01/2024
Dans cette capsule, Me Yves Joli-Coeur, reconnu pour son expertise, aborde un sujet complexe soit celui du statut juridique des cases de stationnement au sein des copropriétés. La qualification de ces emplacements, destinés à garer des véhicules, peut varier d’une copropriété à l’autre, en fonction de ce que stipule la déclaration de copropriété (acte…...
17/12/2023
December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of…...
18/12/2022
I am co-owner of an apartment that is located on the ground floor in a fairly old building. The service crawl space below my apartment is not heated. This common portion of the building is currently 9 degrees in the middle of it and our floor is frozen (10.6°C on the…...
05/12/2022
Si vous habitez, administrez ou gérez une copropriété possédant un stationnement souterrain, vous avez fort probablement entendu parler de la loi 122 (chapitre bâtiment du Code de sécurité) adoptée il y a quelques années. Une des dispositions de cette loi cible les parcs de stationnement étagés. Si votre stationnement possède…...
.jpg)
09/08/2022
Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that…...
22/01/2021
La Webradio de Condolegal.com, du mercredi 20 janvier 2021, portait sur les stationnements en copropriété. Il en existe trois types que nous avons décortiqué avec l’avocat émérite, Yves Joli-Coeur, Jonathan Charbonneau-Waldron, gestionnaire de copropriété chez CondoStrategis, ainsi que Hubert St-Pierre, ingénieur chez St-Pierre & Associés, génie conseil. Qu’ils soient intérieurs ou extérieurs, les stationnements d’une…...