The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they are entitled to do so, (wrongly in many cases) and to use their private portion as they see fit.
Many co-owners are unaware that this activity is prohibited in their building. Others are fully aware, but are unconcerned. However the incessant ins and outs of strangers brings its lot of disadvantages. Late and noisy arrivals, as well as departures at dawn are generally not compatible with the lifestyle sought by the resident-co-owners of the building. This practice can potentially have a negative impact on their safety.
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of the declaration of co-ownership (constituting act of co-ownership). It is it that also makes it possible to establish the type of co-ownership established and defines the use(s) that can be made of the private and common portions. It can thus be exclusively commercial or residential or residential but with the possibility of practicing a professional activity. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.
If hotel-type short term rentals are allowed in your co-ownership, any apartment owner who wishes to rent to tourists must take the following precautions. The most important one is to ensure that he abides to the Act respecting tourist accommodation establishments (the Act) and it’s Regulations. He will also ensure that he does not contravene municipal urban planning bylaws on uses. Some municipalities have adopted bylaws restricting or prohibiting hotel-type rentals. However, the majority of central districts Montreal boroughs allows this activity, which however will only be authorized in residences located in commercial areas.