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Location of the building where the co-owners, lessees or occupants of the immovable have the right to park their vehicles. In divided co-ownership, the parking spaces may be qualified by the declaration of co-ownership as a private portion, a common portion, or a common portion for restricted use, as the case may be. This legal status, if it is a private portion, is attributed to it by the declaration of co-ownership, which designates it as a fraction.
WHAT TO KEEP IN MIND: In a decision rendered by the Superior Court of Quebec, it was held that an agreement between a syndicate of co-owners and a co-owner, relating to the use and payment of fees associated with a parking space, should be considered an indeterminate term lease.
14/07/2024
Our building has 34 indoor parking spaces, two of which are designated spaces for the disabled. These two sites were purchased from the developer by two co-owners owning an apartment. None of these co-owners are disabled. However, there is a co-owner who has recently become a person with reduced mobility…...
01/07/2024
In recent years, there has been a trend towards renting units held in divided co-ownership in large urban centres as well as in resort centres. Although renting a property is a recognized ownership right for a co-owner, he must know the rules applicable in this matter. The law and the declaration…...
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…...
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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,…...
05/02/2024
Electric vehicles (EV) are increasingly seen as one of the transport methods to reduce the impact of car traffic on the climate. With the effort to be made to substantially reduce Quebec's greenhouse gas emissions and to contain the increase in temperatures by the end of the century, the sale of…...
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…...
09/12/2023
Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the…...
04/12/2023
The Guarantee Plan for New Residential Buildings differs from the private guarantee plans offered on the market by the nature of the guarantees offered and the mechanisms for asserting its rights. In this regard, the terms and conditions are set out in the the Regulation respecting the guarantee plan for new…...
10/11/2010
In the case of a real estate transaction in a divided co-ownership, the certificate of location of the private portion is not always sufficient. A certified copy of the certificate of location of the entire building may also be requested. It is this certificate of location that will inform 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…...
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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…...
13/12/2010
The offer to purchase is an important step in any real estate purchase. The Civil Code of Québec does not exhaustively specify the mandatory content ofan offer topurchase. However, the unequivocal will for the buyer to acquirethe property must be registered. Tobe valid, it must include a certain number of…...