When we think of the administration of a dwelling in co-ownership, what draws our attention are often the dwelling units since these units are inhabited by the co-owners who spend most of their time there when they are present in the building.
However, we must not forget that the parking spaces, whether they are located outside or inside the building, may be subject to specific rules contained in the declaration of co-ownership.
Privative portion versus common portion with restricted use
In some co-ownerships, parking spaces will be part of the privative portions of the building, i.e. they are parts of the building which belong to a particular co-owner who has determined the exclusive use of them.¹ This space will carry a separate cadastral number, a relative value, a share of the common expenses, as well as the number of votes available to the owner at the assembly of the co-owners.
In other co-ownerships, parking spaces will be designated as common portions of restricted use of which a co-owner will have a right of use, but not of ownership. In this case, and because these areas will be located in the common portions of the building, they will not each carry a separate cadastral number, but rather a single and unique number, i.e. the one of the other common portions of the building. The exclusive use, and not a property right, of a particular space will be assigned to a co- owner by the promoter at the time of the first mutation after construction.
In either one of these cases, the choice of designation belongs to the real-estate promoter of the project who will establish and officialize his choice in the declaration of co-ownership for the establishment of the co-ownership.²
Conditions of use
Whether parking spaces are privative portions, or common portions of limited use to individual owners, the declaration of co-ownership will establish in its regulations of the building, the conditions of use of these areas.³ It is therefore important for every co-owner to know the conditions of use for the parking spaces in the co-ownership well in order to use them according to the declaration of co-ownership and the general provisions of the Civil Code of Quebec in matters of co-ownership.
We find, in the majority of cases, the conditions of use of the following nature:
1. in the case of a privative portion, rent and sell it in accordance with the other provisions of the declaration of co-ownership (e.g.: the obligation to sell it only to another co-owner of the building who owns a privative residential portion);
2. unless authorized by the Board of Directors of the syndicate, use the parking space only to park a car or motorcycle in good operating condition (e.g.: the space cannot be used to park a car that is not roadworthy, and it could be prohibited to park a trailer, a tent trailer, a boat trailer, etc….there.);
3. except in an emergency, prohibition to repair or adjust a car there;
4. total ban to store any object whatsoever within the limits of the parking spaces (for example: any object such as bicycles, storage boxes, firewood, flammable matter, etc…)
The fact of complying with the rules of this nature laid down in the declaration of co-ownership, which binds all co-owners, will thus greatly contribute to the safe and proper use of parking areas.
For any questions on the subject do not hesitate to contact our team of lawyers specialized in real-estate law.