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 at night on the streets during the winter time. Access to parking is therefore an important issue for many co-owners and apartment buyers. This makes the availability of private parking spaces within co-ownership buildings even more valuable and sought after.
Destination and legal status
The Civil Code of Québec stipulates that "parking areas" are presumed to be common portions of the co-ownership (condominium); when they are qualified as so and without any further indication, they can be used by all co-owners. Unless the declaration of co-ownership states otherwise or unless it consists of common portions for restricted use, the "first come, first served" rule applies. However, if the declaration of co-ownership mentions that they are designated as private portions, the presumption under which parking areas are presumed to be common portions may be overturned.
Parking for visitors
The declaration of co-ownership may stipulate that a portion of the parking spaces is reserved for visitors of the immovable. Therefore, the by-laws of the immovable usually mention that co-owners, occupants and lessees (tenants) cannot use the parking spaces reserved for the visitors and if a penal clause is a provision of the declaration of co-ownership, failure to comply with this rule may be sanctioned by a fine or the towing of the vehicles in violation; the towing costs are to be assumed by the people at fault. The designated towing company must respect the local applicable regulations to avoid the syndicate being held responsible for any damage whatsoever due to non-compliant actions of the towing company.
Parking for people with disabilities
Access to a building's common portions by disabled people is a right; this right is recognized by the Construction Code. Developers are required to provide, in real estate projects subject to the Construction Code, a minimum number of parking spaces reserved for people with reduced mobility; for example, those with 25 to 100 parking spaces should provide at least one reserved for this purpose located near the main entrance of the building. The access and the parking space itself shall be devoid of any obstacles.
By-laws of the immovable
Co-owners have the obligation to comply with the provisions relating to the enjoyment, use and maintenance of common portions which are specified in the by-laws of the immovable. The declaration of co-ownership specifies the conditions applicable to parking in accordance with section 1063 of the Civil Code of Québec: "Each co-owner has the disposal of his fraction; he has free use and enjoyment of his private portion and of the common portions, provided he complies with the by-laws of the immovable and does not impair the rights of the other co-owners or the destination of the immovable”; this right generally includes a prohibition against abusive use of that space including its alteration in any way.
Parking rights’ terms and conditions
Subject to the restrictions imposed by the by-laws of the immovable, the right to park concerns any type of vehicle such as a car, a van, a pickup truck, a motorbike or a bicycle; trucks and recreational vehicles may be prohibited. In addition, other prohibitions could be specified to prevent the destination of a parking space from being unduly modified; thus, it may be stated in a by-law that, except in an emergency situation, vehicle maintenance or repairs are prohibited.
In addition, unless the board of directors tolerates a vehicle to park there occasionally or for a short period of time, areas giving access to parking spaces such as driveways or traffic lanes must remain free at all times; this authorization cannot be granted in an emergency zone such as that reserved for firefighters.
Co-ownership expenses related to parking
The expenses associated with parking are funded by common expenses (condo fees); the maintenance, replacement, improvement or alteration thereof are split between the co-owners of the immovable and the calculation of the amounts to be paid by each co-owner depends on the relative value of each private portion.
WHAT YOU SHOULD KNOW! Under the various laws governing them, municipalities may impose to co-ownerships a given number of parking spaces to be made available for people with disabilities.
WHAT TO KEEP IN MIND: The divided co-ownership parking spaces may be designated as private or common portions; if they are classified as common portions for restricted use, they will be reserved for the exclusive use of a certain number of co-owners, and sometimes for only one of them.
WARNING! Benefiting from a parking space in a co-ownership is a privilege. To avoid disputes between neighbors, each co-owner should abide to the rules set out in the declaration of co-ownership; moreover, it is advisable that the board of directors puts up "No Parking" signs in places where this activity is prohibited.
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