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Common portions for which the right of enjoyment is restricted to one or several co-owners (for example, the balconies, the entrance doors and the apartment windows, the storage and parking spaces). The exclusive right of enjoyment of a common portion is generally granted by the declaration of co-ownership. This right does not constitute a right of ownership, but an arrangement of the enjoyment between the co-owners of certain common elements temporarily or permanently attached to a private portion. This type of common portion is sometimes shown on an allocation plan of the common portions for restricted use (e.g. for parking spaces or lockers). Be aware that no one can hold such an enjoyment right, if he is not the owner of a fraction.
17/07/2025
Following the issuance of a recent certificate of location for one of the apartments in our building, we discovered that a significant portion of this private portion encroaches on common portions. According to the notary handling the sale of this unit, this represents a cadastral irregularity since the physical occupation…...
08/06/2025
In 2020, I asked a director if I could install a lightweight shelter (like a removable pergola) on my balcony, which is a common area with restricted use. He verbally confirmed that this posed no problem and even recommended a model. So I proceeded with the installation, without any opposition…...
21/05/2025
In the case of Al-Adas c. Syndicat des copropriétaires Zuni (2025 QCCQ 1308), the Court of Québec addressed a dispute regarding the allocation of costs for major work carried out on a restricted-use common area. This judgment clarifies a question frequently raised in divided co-ownership: who is responsible for paying when…...
16/03/2025
As directors, we are questioning the allocation of common expenses, particularly those related to the common portions designated for exclusive use. One specific case has caught our attention: a wooden rooftop terrace that is for the exclusive use of a co-owner. The declaration of co-ownership states that this co-owner must…...
19/01/2025
I would like to obtain clarification regarding the maintenance of balconies in our condominium building. Originally, the balconies were constructed using treated wood, a material that requires regular maintenance, including applying a protective stain every two years to ensure their durability and aesthetic appeal. Our declaration of co-ownership states the…...
13/12/2024
A co-owner wishes to acquire exclusive use rights for a rooftop terrace currently designated as a common portion according to the provisions of the declaration of co-ownership. This co-owner seeks to have the terrace reclassified as a restricted common area to enjoy exclusive use. The terrace, which forms part of the…...
28/06/2024
As in common portions, work can be carried out in common portions for restricted use, such as building a terrace upon which a co-owner would have exclusive use or transforming a balcony into an additional room attached to an apartment. If such cases, the co-owners must keep in mind that…...
16/06/2024
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…...
16/06/2024
Co-ownerships must set up a contingency fund to finance future work expenses. When it comes to major repairs or the replacement of the common portions, consideration is given to the obligation imposed on the syndicate to preserve the building and its corollary: the constitution of a contingency fund. This fund…...
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27/03/2024
Vehicle parking within the immovable may be organized as a common portion for restricted use. Most often than not, declarations of co-ownership (constituting act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use; this is also true for indoor parking spaces when the developer (declarant) decides that it…...
22/03/2024
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…...
01/03/2024
The co-ownership (condominium) gives rise to expenses relating to the maintenance of the common portions and the day-to-day administration of the syndicate. Administrative, maintenance, replacement, improvement or alteration expenses of the common portions are divided among the co-owners of the immovable. General common expenses are to be distinguished from particular common…...
17/12/2023
December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of…...
08/06/2015
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…...
14/06/2023
La webradio du mercredi 14 juin 2023 portait sur les travaux dans les parties communes à usage restreint. À l’instar des parties communes, les parties communes à usage restreint peuvent faire l’objet de travaux. Il pourrait notamment être question d’aménager une terrasse dont un copropriétaire aurait l’usage exclusif, ou de…...
18/10/2021
Question: Our declaration of co-ownership states that exterior windows, incorporated into the walls, are common portions for restricted use. However, the windows of my apartment are heavily foggy, a multitude of water droplets accumulate during the night and hinder the view. A glazier told me that the cause of this…...
22/05/2021
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change…...
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09/08/2022
Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that…...