Definition : Parking - Parking space

January 8, 2023 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.

In our current declaration of co-ownership, nothing, other than a vehicle as permitted herein, may be stored in an indoor parking space without obtaining prior written permission from the Board of Directors. More specifically, it is prohibited at all times to store goods in an indoor parking space, except and except a bicycle when the indoor parking space concerned is equipped at its end with a bicycle rack. The statement was written by the promoter of the project. I also see on this site that it would be a normal settlement. Some co-owners dispute this regulation. Question : Are there any municipal, provincial or fire service restrictions that could explain this bylaw?  

A trend towards the rental of units held in divided co-ownership has manifested itself in recent years in large urban centres as well as resort centres. Although renting a property is a recognized right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of co-ownership list the obligations to which tenants and co-owners-lessors commit themselves when they sign a lease, such as compliance with the by-laws of the immovable. Some of these obligations can cause the resiliation of the lease if they are not respected !

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 parking is associated with my private portion ?

Qu’ils soient intérieurs ou extérieurs, les stationnements d’une copropriété peuvent être un irritant, advenant que certaines personnes s'y garent au mauvais endroit. Comment gérer ces espaces très fréquentés, et pas toujours par les bonnes personnes? Si la surveillance de ces lieux n’est pas adéquate, ils peuvent devenir une porte d’entrée de choix pour les intrus.

The parking spaces legal status may differ within a co-ownership, depending on what the declaration of co-ownership (constituting act of the co-ownership) provides thereabout. These locations are either underground or outside of the immovable. The spaces designated as private portions must be distinguished from the others, which may be called common portions or common portions for restricted use. They each have their own characteristics. Every director must be made aware of same, so that the allocation of common expenses related to the maintenance or the work to be carried out is done properly. An outlook on the distinct legal status of co-ownership parking spaces.

Electric vehicles (EV) are increasingly seen as one of the ways 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 EV has become a must. In Quebec, in 2030, the number of EV is expected to increase to 1.5 million, or 30% of the Quebec car fleet. In 2035, the sale of new gasoline cars will be banned in Quebec and Canada. Paradoxically, the majority of buildings held in divided co-ownership are not equipped to allow EV charging. In addition, the declarations of co-ownership of these buildings have not provided for anything on this issue.

Despite increased congestion and gridlock in major urban centers, many co-owners still favor the automobile as their 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) in the winter time. Access to parking is therefore an important issue for many co-owners and buyers.

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 parkings, when the developer (declarant) decides that it is not necessary to create a specific lot number for each space. These are therefore an integral part of the lot constituting the common portions of the immovable.  

Parking spaces qualified as private portions are commonplace in divided co-ownership. This special legal status is attributed to them by the declaration of co-ownership, which designates them as fractions in the section devoted to the description of the fractions. Like an apartment held in co-ownership, all these spaces have a unique lot number, along with a relative value, and a share. Their owners may, at a general meeting of co-owners, prevail themselves of the votes attached thereto. These votes are added, as the case may be, to those they have for their apartment  

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 residential buildings, which is the responsibility of the Régie du Bâtiment du Québec (RBQ). Finally, unlike private guarantee plans, any purchaser of a building covered by this plan automatically benefits from it. As this is a system aimed at the minimum protection of consumers'rights, consumers cannot waive this mandatory guarantee, even if they sign a document to that effect.

By purchasing a condo (apartment) in a residential tower, you automatically become an owner in a vertical co-ownership. You can also be in a divided co-ownership, if you purchase a house (semi-detached or townhouse), built on the same lot than other individual homes.  It is then called a horizontal co-ownership. If this is the case, you may not be the sole owner of the land surrounding your home.  You will therefore share with others the ownership of the private streets leading to the homes and common areas, and the common equipment such as the swimming pool and collective parking.

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 certificate of location is part of the property titles the seller must supply.  In the interest of the buyer, the certificate of location should clearly describe the current condition of all private portions (for instance, an apartment, a parking or storage space, or even land). Should the seller not have a certificate of location on hand (and unless the promise to purchase states otherwise), they will need to have one prepared, at their own expense. 

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 mandatory information, under penalty of nullity. The main mentions are the  names and  contact details  of  the parties involved, the identity of the targeted building and the purchase price that the purchaser proposes and the period of validity of the offer. It is also possible to insert various optional clauses in the offer to purchase to deepen the conditions of this one.