Definition : Common portion

Portions of the buildings and land owned by all the co-owners and which serves for their common use or for the use of some of them (common portion for restricted use). The declaration of co-ownership (description of the fractions) determines what is common. The law lists the facilities which, in the absence of provisions to the contrary set out in the declaration of co-ownership, are presumed to be a common portion: the ground, yards, verandas or balconies, parks and gardens, access ways, staircases and elevators, passage ways and halls, common service areas, parking and storage areas, basements, foundations and main walls of buildings, and common equipment and apparatus, such as central heating and air conditioning systems and the piping and wiring, including that which runs through private portions.

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11/07/2019

Maintenance of the common portions

All co-ownerships have  common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code…...

Work

30/05/2024

Revision of the relative value and the allocation of expenses

Any co-owner may have the relative value of their fraction, as well as the allocation of common expenses, revised according to certain conditions and formalities. To do so, it is necessary to proceed with an appeal to revise the relative value of the fractions. Furthermore, a co-owner may wish to…...

Your Rights

27/04/2024

Building insurance

The law obliges syndicates of co-owners to insure their immovable; the majority of declarations of co-ownerships also have such requirement. This can be explained by the syndicate's main objective which consists to ensure the preservation of the immovable and its longevity; this is why the legislator has given to the syndicate an insurable interest and has made it…...

Insurance

26/03/2024

Co-ownership parking: common portions

Despite increased congestion in major urban centers, many co-owners still favor their car as a means of transportation. The densification of cities accentuates chronic congestion which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs since it is generally forbidden to park…...

Management
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22/03/2024

Guide des acronymes et abréviations clés en copropriété

En tant que membre du conseil d'administration de notre syndicat de copropriété, je suis fréquemment confronté à une variété de documents et communications qui emploient divers acronymes et abréviations propres au secteur de la copropriété. Dans le but d'améliorer ma compréhension ainsi que celle des autres membres du conseil, et…...

Your Rights
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04/03/2024

Relocation and move-in management

Relocations and move-ins involve going through the common portions of the building to transport furniture, boxes and other personal belongings. These operations could turn into a real mess or nightmare if, in a co-ownership (condominium), the framework for managing them has not been clearly established. While certain provisions of the…...

Management

16/09/2010

Pre-purchase inspection

By buying an apartment in a co-ownership, you will most likely invest the largest amount of money of your life. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the condo that suits you, the…...

Purchase

08/06/2015

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…...

Purchase
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08/06/2015

Co-ownership fraction

In divided co-ownership, the right of ownership is divided, among the co-owners, by "fractions", each comprising a materially divided private portion (e.g. a residential unit, a parking or storage space, and sometimes even a plot of land) and a share of the common portions. To each fraction is attached an undivided right…...

Purchase

23/03/2021

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…...

Your Rights

09/08/2022

Recourse against a co-owner liable for a loss

A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have…...

Your Rights
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17/07/2019

Works for the alteration, enlargement or improvement of the common portions

Works for the alteration, enlargement or improvement of the common portions are subject to a special regime. On the one hand, such work must be the subject of a formal authorization from the meeting of co-owners, by  the enhanced majority of article 1097 of the Civil Code of Quebec. On the other hand, this kind…...

Work
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01/07/2018

Can common portions be sold?

Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if…...

Syndicate
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09/08/2022

Your fundamental mission: the maintenance and conservation of the building

  December 14th 2015 - Besides seeing to the respect of the declaration of co-ownership, you as directors of a condominium must ensure the maintenance and conservation of the building. It is your uppermost duty and the majority of your tasks ensue from this fundamental obligation....

Management