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Updated 2026-05-28. Lockers (storage spaces) often raise questions in divided co-ownership: are they private portions or common portions? Can a locker be transferred to another co-owner? Who insures damage and contents? A clear understanding of the status set out in the DC (declaration of co-ownership) helps prevent costly disputes and mistakes during sales.
In this article, we clarify the legal status of lockers in Quebec, explain the steps for transferring or exchanging them, and outline insurance coverage, with practical advice for your board of directors and syndicate.
Lockers and legal status: private, common or restricted use?
Under Quebec law, everything starts with the DC and cadastral plans. The DC defines the private portions and common portions and may provide for common portions for restricted use. Under the relevant provisions of the Civil Code of Quebec (C.C.Q.), particularly those dealing with divided co-ownership, the classification in the DC and the cadastre determines ownership, common expenses and disposition rules.
- Accessory private portion: the locker legally forms part of the fraction (often as an accessory to the condo), sometimes with a separate cadastral number.
- Common portion for restricted use (CPRU): the syndicate remains the owner; an exclusive right of use is allocated to a fraction.
- Common portion (without restricted use): no exclusive right exists; the space belongs collectively to the syndicate.
Here is a quick overview of the implications:
| Status | Ownership | Transfer possible? | Required document | Structural insurance | Contents insurance |
|---|---|---|---|---|---|
| Private portion (incl. accessory) | Co-owner of the fraction | Yes, according to the DC; often with the fraction | Notarial deed, publication in the land register | Syndicate policy (building) | Co-owner’s personal policy |
| CPRU (restricted use) | Syndicate | Reassignment of the right of use, not “sold” | Board or AGM resolution according to the DC; sometimes amendment to the DC | Syndicate policy | Co-owner’s personal policy |
| Common portion | Syndicate | No (no exclusive right) | Resolution according to the work or improvements involved | Syndicate policy | Not applicable |
Useful references:
– Civil Code of Quebec – divided co-ownership (LégisQuébec): provisions on the description of fractions, collective decisions and syndicate insurance (paraphrase) LégisQuébec.
Practical tip: always check the title search (cadastral numbers), the descriptive statement of the fractions and the appendix on CPRUs in the DC before any transaction. A locker may seem “private” in practice but legally be a CPRU.
Transferring, selling or exchanging a locker: scenarios and steps
The word “transfer” covers different situations depending on the status. Here are the most common cases and the steps to follow to avoid surprises at the notary’s office and at the AGM.
1) Locker that is a private portion (accessory to the fraction)
- Sale of the condo: the locker generally follows the fraction and is included in the deed, like a parking space or private balcony. The listing agent must reflect this reality in the listing and promise to purchase.
- Separate sale of the locker: possible only if the DC and cadastre allow it (locker with a distinct lot). A separate disposition may require the meeting’s approval if it changes collective rights, and may even require an amendment to the DC. Consult your notary.
- Steps: notarial deed, publication in the land register, notice to the syndicate to update its records, and an adjustment to condo fees/common expenses if the DC provides for a co-ownership expense allocation key tied to the locker.
Transaction resource: the OACIQ recommends listing inclusions precisely (parking space, lockers and cadastral numbers) in promises to purchase to prevent disputes OACIQ.
2) Locker with a distinct cadastral number (stand-alone private portion)
- Transfer to another co-owner: generally permitted by notarial deed, with publication. The syndicate must update its register and the file for the fractions.
- Impact on common expenses: if the allocation key takes the locker’s area or value into account, expect an adjustment to the assessments.
- Governance: inform the board; record the notice in the minutes of the next meeting. The syndicate may require a certificate of compliance (no arrears and no violation of the by-laws of the immovable) before signing the syndicate certificate.
3) Locker that is a common portion for restricted use (CPRU)
- It is not “sold”: it is a right of use attached to a fraction. Reassignment takes place according to the procedures set out in the DC (for example, a board or AGM resolution, sometimes with a qualified majority if an amendment to the DC is required).
- Exchanges between co-owners: possible if the DC permits them, with board/AGM approval and amendments to the appendices identifying the CPRUs. Everything must be documented in the register and, where necessary, formalized by notarial deed if the DC is amended.
- Renovations/improvements: any transformation of common portions beyond normal maintenance may require a reinforced vote (C.C.Q., collective decisions). Refer to the provisions on decisions requiring special majorities on LégisQuébec LégisQuébec.
Good management practice: document every transfer or reassignment (agreement letter, resolution and updated plans/appendices). Record it in the minutes, update the register and notify the co-owners concerned.
For structured support with these steps, see our administrative management service and our blog guide.
Insurance: what covers what for lockers?
- Structure (walls, locker doors and partitions): insured under the syndicate’s policy covering the building (common portions and private portions according to the standard unit, excluding improvements). This obligation arises from the C.C.Q. provisions on syndicate insurance; see the principles on LégisQuébec.
- Contents (boxes, bicycles, tires and personal belongings): insured under the co-owner’s home insurance policy (condo). Recommend sufficient coverage for contents stored outside the dwelling.
- Improvements: if a co-owner “fits out” their locker (fixed shelves or special locks), treat them as private improvements; check the definition of improvement in the DC and the standard unit.
- Deductible and self-insurance fund: the syndicate must establish a self-insurance fund to pay the deductible under its policy. Depending on the DC and the C.C.Q., the deductible may be claimed from a co-owner in certain cases (fault, breach of the by-laws, etc.), subject to the applicable rules and adequate evidence. Keep these rules consistent with your by-laws of the immovable and claims practices.
Good practices for the board:
- Maintain an inventory of lockers (number, status and attached fraction), attach it to the register and maintenance logbook/EUC to plan inspections (moisture, ventilation and partition integrity).
- Clarify insurance responsibilities and deductible management by resolution; train staff/the concierge on the procedure to follow in the event of a loss.
- Make co-owners aware of frequent exclusions (hazardous materials and improper storage) and the limits of their personal policy.
For educational guidance on co-ownership insurance, consult the RGCQ. For budget monitoring (deductible and repairs), our financial management services can help you align these costs with your assessments and contingency fund.
By-laws, safety and use: what a board should regulate
The by-laws of the immovable should regulate the use and safety of lockers, including:
- Prohibited materials: flammable products (propane and gasoline), cylinders and large quantities of paint; compliance with fire prevention standards.
- Access and circulation: keep clearances unobstructed, do not block evacuation routes and keep fire doors functional.
- Cleanliness and nuisances: no food or odorous or damp materials; control moisture and mould.
- Safety: compliant locks, clear numbering, adequate lighting and cameras if the DC permits them and privacy protection rules are respected.
The Regie du batiment du Quebec (RBQ) publishes safety guidelines applicable to common spaces and garages; use them as a basis for your local rules RBQ.
Practical governance:
- Schedule periodic inspection rounds in the EUC/maintenance logbook; include a “lockers” item on the board’s agenda when the seasons change.
- Put regulatory measures on the AGM agenda, adopt or adjust the rules by resolution, then communicate the changes through a formal notice and an update to the by-laws of the immovable.
- Define a graduated penalty schedule for violations (after notice) and the emergency unlocking procedure in the event of a loss.
Typical process and documents to prepare (board and syndicate)
Here is a simple process for handling a locker transfer or reassignment smoothly:
- Document review
- DC and appendices (locker status, CPRU and cadastral number, if applicable).
- Plans and descriptive statement of the fractions.
- By-laws of the immovable (conditions of use, prohibitions, penalties and insurance obligations).
- Resolution and approvals
- CPRU: board or AGM resolution according to the DC; if the DC must be amended, provide for the notarial deed and required majorities.
- Private portion: no collective approval is generally required, but the syndicate may require a certificate of compliance before signing the syndicate certificate for the transaction.
- Deeds and publication
- Private portion (with a distinct lot): notarial deed and publication in the land register.
- CPRU: update the appendices and agreement letters and, where applicable, prepare an amending deed to the DC.
- Register and communications
- Update the syndicate’s register (fraction file, locker inventory and contact information for the holder of the right of use).
- Note it in the board’s minutes and, if relevant, provide information at the AGM.
- Notify the co-owners concerned, provide access instructions and remind them of the safety rules.
- Insurance and finances
- Notify the syndicate’s insurer if the reassignment affects the risk assessment.
- Update the assessments if the allocation key takes lockers into account.
- Check the self-insurance fund and deductible management procedures; align budget planning with the contingency fund.
To structure your registers, resolution templates and follow-ups (minutes and communications), see our Services page and, if needed, write to us through Contact us.
FAQ – Condo lockers in Quebec
Q1. Can a syndicate rent a common locker to a co-owner?
– Yes, if the DC and by-laws of the immovable permit it. The board must set clear conditions (term, rent, responsibility and access), avoid conflicts with the rights of other co-owners and comply with the applicable collective decision rules under the C.C.Q. Document the arrangement by resolution and contract; allocate the revenues according to the budget and common expenses.
Q2. Who pays the deductible if water damage starts in a locker?
– The syndicate’s policy covers the structure; the deductible is initially paid by the syndicate (self-insurance fund). Depending on the DC, the C.C.Q. and evidence of fault or a violation (e.g., prohibited storage), the syndicate may claim the deductible from the co-owner concerned. In the absence of fault, follow the allocation rule set out in the DC and internal policies.
Q3. Can tires, bicycles or hazardous products be stored?
– Bicycles and tires are usually permitted if they remain within the assigned space and do not compromise safety. Hazardous materials and cylinders are generally prohibited. Refer to your rules and the RBQ guidelines.
Q4. How can you make sure the locker is included in a sale?
– Check the DC, cadastral numbers and the fraction file. Clearly list the parking space/locker numbers and their status in the promise to purchase. The OACIQ recommends describing inclusions precisely to prevent disputes.
Additional external references:
– Legal framework for divided co-ownership (C.C.Q.) – LégisQuébec
– Good practices and training – RGCQ
This article provides general information and does not constitute legal advice. Consult a lawyer or notary about your situation.
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