Towing in Quebec Condos: Syndicate Rights

Parking often causes friction in divided co-ownership. Between hurried visitors, moves and deliveries, vehicles sometimes end up in the wrong zones, block access or ignore the rules. Towing may then be considered, but under what conditions? What signage is required? And what are the rights of the syndicate and the board of directors (board)?

This article guides you step by step through the Quebec legal framework, signage, internal procedures, towing contracts and dispute management. The goal is to reduce conflicts, protect the common portions and enforce your parking rules without surprises.

In short, Quebec condo towing, signage and syndicate rights are the four key areas to master for predictable and defensible enforcement of your rules.

1) The legal framework: who decides and on what basis?

In divided co-ownership, the syndicate administers and preserves the common portions (see Civil Code of Quebec, sections 1039 and following). Parking may be:

• a common portion (e.g., driveways and delivery zones),
• a common portion for restricted use (e.g., assigned outdoor spaces),
• or a private portion (e.g., a garage space sold with the condo).

Your declaration of co-ownership (DCV) and the by-laws of the immovable govern the use of the spaces, including visitor parking and prohibitions (storage, unregistered vehicles, etc.). The board of directors may adopt rules governing use, subject to ratification by the meeting of co-owners (annual general meeting) when required. Make sure every rule genuinely concerns the use of the premises and that it appears in the appropriate minutes.

The Quebec Highway Safety Code (C-24.2) governs stopping and parking vehicles. On private property, towing remains possible, but it must comply with applicable laws and users’ fundamental rights. Clear signage and an internal procedure therefore become essential to demonstrate implied consent and the reasonable information provided to drivers.

Useful references:

• Civil Code of Quebec (C.c.Q.) — syndicate administration and by-laws of the immovable (LégisQuébec).
• Highway Safety Code (C-24.2) — stopping and parking rules (LégisQuébec).

2) Signage: making your rules visible and enforceable

A disputed towing often results from towing that was poorly announced. Without visible signage, you increase the risk of litigation. We recommend that you:

• Install a legible sign at every entrance, visible both day and night.
• Clearly state: parking prohibited or regulated, towing at the vehicle owner’s expense, the tow operator’s telephone number and the hours of application.
• Repeat the signage in sensitive locations: delivery zones, fire exits, charging stations and fire access lanes.
• Align the signage with your by-laws of the immovable and your communications to co-owners and tenants.

The wording must accurately reflect your rules. If the rule requires permits, the signage must say so. If overnight tolerance exists, indicate the hours. Take dated photos of the signs once installed and keep the installation invoice in the syndicate’s records.

Governance tip: attach an “enforcement and signage policy” to the board’s minutes describing where, when and how the signs are maintained. This facilitates continuity, even when the board changes.

3) A graduated procedure before towing

Towing without warning may sometimes be justified (safety, obstruction), but caution calls for a graduated approach to limit tensions and demonstrate the syndicate’s good faith.

Suggested steps (adapt them to your DCV and your circumstances):

1. Record the violation: take a photo of the vehicle (licence plate, context and visible sign) and note the time.
2. Leave a notice on the windshield specifying the rule breached and the number to call.
3. Notify the co-owner or tenant by email or internal application, with a reminder of the by-law provisions.
4. In the event of a repeat violation or significant obstruction, arrange towing in accordance with the contract in force.
5. Record every step in a register: photos, notices, calls and the tow operator’s intervention.

This process demonstrates that information was provided and that towing was foreseeable. It also helps the board maintain fairness among occupants.

Emergency vs. non-emergency

– Emergency: if a vehicle blocks an emergency exit, prevents fire department access, interferes with an intervention or poses a safety risk, immediate towing is justifiable.

– Non-emergency: if a vehicle occupies a visitor space for too long or parks without a permit, prioritize notice and communication before towing, then apply your measures gradually.

In all cases, preserve evidence and document the reasons. This reduces the time spent handling disputes.

4) Choosing and managing your towing service

A good towing contract protects the syndicate as much as it protects users. Points to check:

• Coverage and response times: hours of service, response times and areas served (indoor/outdoor).
• Pricing and transparency: who pays, payment terms, travel and storage fees, and the driver’s options for disputing the charge.
• Communication: dedicated line, notice to the condominium manager or board before or after an intervention, and photo reports.
• Compliance: insurance, permits, compliance with laws and industry best practices.
• Responsibilities: potential damage, protocol for a locked vehicle or alarm, and storage locations.

Require standardized intervention reports with timestamps and photos. Include in the contract the list of zones subject to towing, as approved by the board, and keep it up to date as needed. Finally, avoid ambiguous practices (for example, volume-based financial incentives) that could create the appearance of a conflict of interest.

5) Enforcement, penalties and dispute management

To be enforceable against occupants, your measures must appear in the by-laws of the immovable, align with the DCV and be communicated to occupants. Specify:

• the situations resulting in immediate towing,
• the situations resulting in prior notice,
• the allocation of costs (to the driver and, where applicable, to the co-owner responsible for their occupant),
• internal fines, if any, and their legal basis in your by-laws.

Avoid any discrimination. Apply the rules uniformly, whether the person is a co-owner, tenant, guest or supplier. In the event of a dispute, the burden of proof often rests with the party that arranged the towing, hence the importance of the register, photos and clear signage.

If a disagreement continues, prioritize a quick informal resolution. Otherwise, consult a legal professional to assess your remedies and the possibility of recovering the costs. Remember that fines and fees must be reasonable, foreseeable and compliant with the C.c.Q.

Frequently asked questions (FAQ)

• Can a vehicle parked in a private portion be towed? If the space is a private portion, your direct authority is limited. Prioritize notifying the co-owner concerned and enforcing the rules governing use set out in the DCV (noise, obstruction and safety). Towing from a private portion without a clear legal basis is risky; obtain legal advice if necessary.
• Do you have to call the police before towing? On private property, this is generally not necessary for a simple parking violation. In the event of danger, a collision or aggressive behaviour, contact the authorities. Always preserve your evidence and the tow operator’s report.
• What about visitors and delivery drivers? Your rules should provide for permits, permitted durations and delivery zones. Signage and a courteous notice minimize misunderstandings. Towing remains a last resort in cases of abuse or obstruction.

Going further and equipping your board

– Update your by-laws of the immovable at the annual general meeting and append a clear parking and towing policy to them.

– Train the condominium manager and superintendents on the procedure: types of violations, evidence collection and recording in the register.

– Test your signage: can a visitor understand within 5 seconds what is permitted? If not, simplify it.

– Publish a fact sheet on the co-owners’ intranet and provide it to new occupants.

Useful official resources:

• Civil Code of Quebec (C.c.Q.) — LégisQuébec: text and related sections.
• Highway Safety Code (C-24.2) — LégisQuébec: stopping, parking and towing.
• Regroupement des gestionnaires et copropriétaires du Québec (RGCQ): best practices in co-ownership.
• OACIQ — Co-ownership and information obligations: transaction resources.

Practical solutions and templates:

• Manage signage, communications and incident registers through structured management: see our Operations Management service.
• Update the by-laws of the immovable, send notices of meeting and prepare annual general meeting minutes: see Administrative Management.
• Assess packages suited to your syndicate: multiRent Packages.

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

Do you manage a co-ownership in Quebec? Discover our packages or contact us to assess your needs.