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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.
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…...
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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…...
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,…...
17/01/2024
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…...
01/01/2024
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…...
09/06/2015
When you buy a condo (apartment) in a high-rise apartment, you become the owner of a vertical co-ownership. But it is also possible to end up in divided co-ownership, if you set your sights on a house (e.g., detached, townhouse or semi-detached) that is built on the same lot as other…...
08/06/2015
The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...
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…...
01/03/2010
The Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners. Those duties and obligations are…...