Non-Resident Condo Parking Rentals in Quebec

Renting parking spaces to non-residents often raises questions in a divided co-ownership. Is it permitted? It all depends on the declaration of co-ownership (DCV), the by-laws of the immovable and the destination of the immovable. The board of directors (board) must also consider security, insurance and the impacts on community life.

In this article, you will learn how to assess the situation in your syndicate, regulate parking rentals to non-residents, and avoid legal and operational pitfalls. The information below is general and applies to Quebec.

Legal framework to know: declaration, by-laws and Civil Code

The DCV is your starting point. It specifies the destination of the immovable (e.g., residential) and allocates the private portions and common portions, sometimes with restricted use. The by-laws of the immovable regulate the use of the premises, access, traffic and penalties in the event of a violation.

The Civil Code of Quebec governs the exercise of co-owners’ rights and the administration of the syndicate. For example, each co-owner may use their private portion, but must not contravene the destination of the immovable or infringe on the rights of others (see section 1063 C.C.Q.). For the rest, refer to the “Divided Co-ownership” chapter of the Civil Code for rules concerning use, common expenses and the adoption of by-laws.

• Consult the Civil Code (C.C.Q.), divided co-ownership: LégisQuébec
• Best practices in co-ownership: RGCQ

In practice, the question “Is it permitted?” calls for two key checks: 1) the legal nature of the parking space (private portion, common portion, common portion for restricted use); 2) what the DCV and by-laws authorize or prohibit, in light of the destination of the immovable.

Private portions, common portions and restricted use: who can rent to a non-resident?

• Parking space forming part of a private portion: The co-owner is generally free to rent it, subject to the DCV, the by-laws of the immovable and the destination of the immovable. Some DCVs require that the space be rented only to an occupant or another co-owner of the building. Others prohibit renting to external third parties for security and peace-and-quiet reasons. Check the relevant provisions and cadastral schedules.
• Parking space forming part of the common portions for restricted use: The right of use belongs to the designated co-owner, but the syndicate retains ownership. Renting to non-residents may be limited or prohibited by the DCV or by-laws, particularly to respect the destination of the immovable and access control.
• Visitor spaces (common portions): They are intended for visitors for short stays. Renting them to non-residents on a recurring basis would divert them from their intended purpose. Without a formal amendment to the normative framework, the board should refrain from monetizing these spaces for the public.

In short, renting to non-residents is not automatically prohibited, but it must be expressly permitted or, at a minimum, not prohibited by the DCV and by-laws, and it must remain compatible with the destination of the immovable.

Regulating non-resident rentals through the by-laws of the immovable

If the DCV does not prohibit external rentals, the syndicate would benefit from regulating them. Clear by-laws protect security, peace and quiet, and the civil liability of the syndicate and co-owners. The by-laws should notably provide for:

• Eligibility: types of spaces covered (private portions, restricted use), exclusions (visitors), and minimum/maximum rental periods.
• Registration: mandatory form, licence plate, contact information and proof of the tenant’s civil liability insurance.
• Access: management of keys, remote controls and fobs, deposit policy, prohibition on duplication, and retrieval at the end of the lease.
• Traffic: speed limits, prohibited zones, prohibition on storage, and respect for exit routes and fire department access points.
• Responsibilities and penalties: graduated fines, administrative fees, suspension of access in the event of non-payment, and charges for damage.
• Termination: the syndicate’s right to revoke authorization in the event of abuse or security risks.

The adoption or amendment of by-laws of the immovable takes place at a meeting of co-owners (annual general meeting or special meeting), according to the majorities provided for in the Civil Code and your DCV. Then publish the by-laws, update the register and record the decision in the minutes to document it. For support through these steps, see our administrative management service.

For implementation consistent with best practices, also consult the RGCQ.

Risks, security and insurance: what your board must monitor

• Security and access: Increasing access by non-residents raises the risks of break-ins, theft from vehicles and vandalism. Put tight access-card management in place, keep an up-to-date register and, if possible, deactivate lost fobs remotely.
• Building compliance: Garages require strict rules concerning traffic, ventilation, clearance of exits and maintenance of safety equipment. Refer to the guidelines of the RBQ and take your maintenance logbook / EUC into account.
• Syndicate and co-owner insurance: Confirm with your insurer whether renting to non-residents is permitted and under what conditions. Require proof of the parking-space tenant’s civil liability insurance and specify exclusions (storage of hazardous materials, mechanical work, etc.).
• Peace and quiet and neighbours: Regulate noise (prolonged engine idling, gatherings), nighttime use and late returns. Provide effective, graduated penalties for breaches.

Strict rules limit risks and protect the collective interest without depriving co-owners of reasonable use of their property.

Taxation and accounting: income, taxes and obligations

Two common situations:

1. The co-owner rents their private parking space to a non-resident. The income may be taxable. Depending on the volume and nature of the activity, obligations to collect sales taxes (GST/QST) may apply to the supply of parking. Check the “small supplier” rules and applicable exclusions with Revenu Québec. Keep basic accounting records (receipts, leases and payments).
2. The syndicate rents common parking spaces (where permitted) or manages rentals on behalf of co-owners. The syndicate must record this income, apply taxes where applicable and remit the amounts collected. Ancillary income can help contain common expenses, but it cannot replace regular contributions and obligations related to the contingency fund. Align your practices with your accounting firm.

Need help with billing, collection and monitoring? See our financial management service.

As a reminder, tax rules evolve and include special cases. Refer to Revenu Québec for current requirements.

Practical steps for your board

• Map your spaces: private portions, common portions, common portions for restricted use and visitor spaces. Validate them against the cadastral plans and the DCV.
• Analyze the DCV and by-laws: look for clauses concerning parking, access and rentals to third parties.
• Assess the risks: security, traffic, capacity, noise disturbances, liability and insurance.
• Draft or update clear by-laws: eligibility, registration, access, penalties and termination.
• Consult the co-owners: written notice, comment period, presentation and vote at the annual general meeting. Record the decision in the minutes and update the register.
• Deploy a process: standardized forms, a parking lease template, insurance verification, a fob deposit and an access-return protocol.
• Train your teams: the concierge, condominium manager and board members on the uniform application of the rules and penalties.
• Monitor and adjust: occupancy statistics, incidents and co-owner feedback; annual review “up to date as at 2026-08-09”.

For more practical guides on co-ownership life, consult the multiRent blog.

Frequently asked questions

Q1. Can a co-owner rent their parking space to a friend who does not live in the building?

A. This is sometimes permitted for a private portion if the DCV and by-laws do not prohibit it and the destination of the immovable is respected. The board may require registration, proof of insurance and compliance with access rules.

Q2. Can the syndicate rent visitor spaces to workers in the neighbourhood?

A. No, unless the normative framework is formally changed, because these spaces are intended for visitors and recurring rentals would divert them from their intended purpose. Instead, prioritize surplus spaces that are clearly covered by by-laws.

Q3. Must GST/QST be collected on the rental of a parking space?

A. Often yes for a supply of parking, subject to exceptions. Thresholds, registrations and exemptions depend on the circumstances. Confirm with Revenu Québec and adjust your billing accordingly.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary for your situation.

This article provides general information and does not replace advice from a tax professional or accountant. Refer to Revenu Québec and the CRA for exact requirements.

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