PARKING

It is a commonly held belief by co-owners that they are entitled to a parking space. However, parking spaces are treated separately from the acquisition of a private portion as a co-owner. This means that parking spaces are a separate contractual undertaking with different terms and conditions.

Parking areas are presumed to be common portions unless stated otherwise in the declaration of co-ownership.[64]

In some types of co-ownerships, parking spaces will be considered private portions of the building. These spaces are parts of the building which belong to a co-owner who has exclusive use over them. This space will carry a separate cadastral number, a relative value, a share of the common expenses, as well as carrying voting rights vis-à-vis the meeting of the co-owners.

In other types of co-ownerships, parking spaces will be designated as common portions. A co-owner will not benefit from proprietary right over the parking space, but instead will benefit from an exclusive limited right of use of the parking space. These spaces do not carry a separate cadastral number, relative value, and voting rights.

 

[64] C.C.Q.Art. 1044.

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.