Condo Parking: Transfers and Rentals

Parking in a divided co-ownership often raises sensitive questions. Between transfers, rentals, exclusive-use rights and visitor spaces, the rules vary according to the declaration of co-ownership (DCV) and the by-laws of the immovable. This article reviews best practices for your syndicate and board of directors (as of 2026-05-06).

Before taking any action, confirm three elements: the status of the space (private portion, common portion for exclusive use, or common portion), the limits set out in the DCV, and the annual general meeting decisions recorded in the minutes. This will help you avoid many disputes between co-owners.

1) Identify the status of your parking space

A single building may have several types of parking spaces. The applicable rules arise from the DCV and the cadastre.

• Private portion: a cadastral space belonging to the co-owner along with their fraction. Transfer and rental rules are more flexible, subject to the DCV and the Civil Code of Quebec.
• Common portion for exclusive use: a common portion reserved for a fraction. It does not belong to the co-owner; a right of use is attached to it.
• Common portion (e.g., visitor spaces): shared use, often limited by the by-laws of the immovable.

For the general legal framework, see the Civil Code of Quebec provisions on private portions and common portions (see section 1044 of the Civil Code of Quebec). Decisions requiring special majorities are set out in sections 1097 to 1099 of the Civil Code of Quebec.

Quick reference table:

Useful references:
– LégisQuébec: Civil Code, common portions/private portions (see section 1044) link
– LégisQuébec: Meeting majorities and decisions (see sections 1097 to 1099) link

2) Transferring a parking space: conditions and steps

A transfer involves transferring ownership of a private portion or transferring an exclusive-use right attached to a fraction. The process differs depending on the status.

• If the space is a private portion: the DCV often specifies whether the parking lot is accessory to the residential fraction and must be sold with it. A separate transfer to another co-owner may be authorized, sometimes with the approval of the board of directors and a notarial deed. A transfer to a third party who is not a co-owner is less common and generally regulated.
• If the space is a common portion for exclusive use: it is not individual property. Reassigning the use to another fraction often involves a decision at the annual general meeting and, depending on the impact on the relative value of the fractions or on the destination, a qualified majority. This may require an amendment to the DCV before a notary and publication in the land register.

Recommended steps for the board of directors and the syndicate:

1. Review the DCV, cadastral plan and schedules describing the allocation of the spaces.
2. Confirm whether the transfer requires a decision at the annual general meeting (e.g., 3/4 of the votes, or unanimity if the relative value changes substantially; see sections 1097-1099 of the Civil Code of Quebec).
3. Prepare the resolution and agenda; notify the co-owners within the required time limits. Hold the annual general meeting and record the decision in the minutes.
4. If it is a private portion, sign the transfer deed before a notary and publish it in the land register. For a common portion for exclusive use, have the amendment to the DCV prepared before a notary, then publish it.
5. Update the syndicate’s register, the list of permits and the signage as needed.

Resources:
– OACIQ: Parking and storage spaces in a divided co-ownership guide
– RGCQ: Resources and best practices for divided co-ownership resources

In a divided co-ownership under our management, a co-owner wanted to transfer a private space to a neighbour. The DCV authorized transfers between co-owners with a notarial deed. The board of directors required proof of publication and updated the register and permits to avoid misunderstandings with security staff.

3) Renting a parking space: rules, lease and taxation

A rental may be to another co-owner or to an outside person. Three rules guide your decisions:

• Compliance with the DCV and the by-laws of the immovable: some divided co-ownerships prohibit rentals to non-residents. Visitor spaces are generally excluded from any rental.
• Safety and quiet enjoyment: the board of directors may require tenant identification, permits and time limits.
• Insurance and liability: the lease must specify responsibility for damage to common portions or private portions.

Best practices for a parking lease:

• Parties, precise description of the space (number, level), term and rent.
• Permitted use, building rules and an obligation to comply with notices from the board of directors.
• Personal liability insurance for the tenant and landlord.
• Termination clause in the event of a violation of the by-laws of the immovable.

Taxation and taxes:
– Rental income from a parking space is reportable income. Consult Revenu Quebec for the rules governing the taxation of rental income. Learn more
– Renting a parking space may be a taxable supply. Depending on the circumstances, registration for QST/GST may apply if you carry on a taxable activity above the thresholds. See registration information

If the syndicate rents common portions permitted by the DCV (e.g., a few surplus spaces), the income should be included in the budget and tracked in the financial statements. The board of directors should consider the impact on common expenses and, where necessary, contributions to the contingency fund.

4) By-laws of the immovable and day-to-day issue management

The by-laws of the immovable are the central tool for preventing parking-related conflicts. They should specify, among other things:

• Permit allocation and replacement procedures.
• Visitor-use rules (maximum duration, permitted hours).
• Vehicle restrictions (size, trailers, motorcycles) and electric vehicle charging stations.
• Progressive disciplinary measures (notice, fines if permitted, towing as a last resort, in accordance with applicable laws and municipal by-laws).

The board of directors must document its interventions and keep a notice register. Significant decisions should be ratified at the annual general meeting and recorded in the minutes. When work affects garage markings or ventilation, retain licensed contractors who comply with RBQ requirements. Verify compliance

To structure your processes, see our administrative and operations management services, including maintaining the register and enforcing the by-laws: administrative management services and operations management.

5) Practical steps: checklists

Transfer of a private portion or an exclusive-use right:

• Confirm the status (private portion versus common portion for exclusive use) and the reference in the DCV.
• Confirm the required annual general meeting majority, where applicable (see sections 1097-1099 of the Civil Code of Quebec).
• Draft and adopt the resolution; include the item on the agenda; record it in the minutes.
• Sign the notarial deed or amendment to the DCV; publish it in the land register.
• Update the syndicate’s register, permits and signage.

Rental of a space:

• Check whether the DCV and by-laws authorize it and who may rent the space (residents only, for example).
• Draft a simple lease with use and insurance clauses.
• Inform the board of directors of the tenant’s identity and emergency contact information.
• Issue a permit and record the rental period.
• Report the income and, where applicable, confirm your QST/GST obligations.

multiRent resources:
– Compare our plans for managing transfer/rental requests and updating the register: plans.
– Browse our content for boards of directors and co-owners: blog.

FAQ – Parking and divided co-ownership

Q1. Can I sell my parking space without selling my condo?
– It depends. If the space is a separate private portion and the DCV permits it, a transfer to another co-owner may be possible with a notarial deed. If the space is an inseparable accessory to the residential fraction, a separate transfer is prohibited. For an exclusive-use right, reassignment often requires a decision at the annual general meeting and an amendment to the DCV.

Q2. Can the board of directors remove an exclusive-use right?
– The board of directors cannot arbitrarily remove a right attached to a fraction. An amendment requires the procedure set out in the DCV and the annual general meeting majorities provided for in the Civil Code of Quebec (see sections 1097-1099), followed, where necessary, by publication in the land register.

Q3. Who receives the income when a space is rented?
– If a co-owner rents a private portion, the income belongs to that co-owner, subject to their tax obligations and the rules of the divided co-ownership. If the syndicate rents an authorized common portion, the income belongs to the syndicate and must appear in its financial statements.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

This article provides general information and is not a substitute for advice from a tax professional or accountant. Refer to Revenu Quebec and the CRA for the exact rules.

Do you manage a divided co-ownership in Quebec? Explore our plans or contact us to assess your needs.