Definition : Balcony

Architectural element of a façade positioned in a projecting position from the exterior walls of the building and surrounded by a guardrail. A balcony often has one or more French windows. It communicates with the room of an adjoining interior private portion. In divided co-ownership, the balcony is presumed to be a common portion. It is generally referred to as a common portion for restricted use, in the declaration of co-ownership.

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Private portions and common portions

The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...



Water damage: who fault is it?

The concept of water damage also includes the liability of the syndicate, the co-owner and the tenant, who could be engaged in the event of damage suffered by third parties. The question of who is responsible for this constantly arises. However, it is necessary to know the law applicable to…...



Ban smoking in co-ownership

A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects…...

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Satellite dish on a balcony

A co-owner has placed a satellite dish on his balcony, while the declaration of co-ownership prohibits it. Question: What should the board do in this situation?...

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Letting a dog do its business on the balcony

I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails,…...

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Sorties d'air sous les balcons

1er novembre 2012 - Beaucoup de récents bâtiments en condominiums ont des sorties d'air sous les balcons.  Dans une chronique antérieure (29 novembre 2010) nous avons expliqué un système de ventilation efficace et usuel en évacuant l'air au toit et en alimentant les logements centralement par de l'air de remplacement préchauffé et…...



Supreme Court of Canada and Co-ownership Work

As part of its missions, the syndicate must authorize, if necessary, any work undertaken by co-owners, whether in the private portions or the common areas for restricted use. Co-owners should not forget that in co-ownership, certain rules apply. In this regard, certain declarations require co-owners to provide the board of…...

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