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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.
08/09/2025
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…...
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…...
14/07/2025
As a member of the board, I would like to report a situation concerning the grassy area in the common portion. Previously little used, it has become a gathering place in the late afternoons and on weekends since the arrival of young children in the co-ownership. Water games and inflatable…...
19/01/2025
At our most recent co-owners’ meeting, the president of the board of directors proposed selling a portion of the land located in the backyard of our building. He explained that the proceeds from the sale could be used to replenish the reserve fund, which, according to him, is currently insufficient…...
30/11/2024
A co-owner accidentally damaged the entrance door to the underground garage, located in the common portions, with their vehicle. This door needs to be completely replaced. The co-owner's insurer is offering partial compensation, covering 90% of the costs, due to depreciation applied to the door. Furthermore, the amount of the damages…...
21/09/2024
In divided co-ownership, the property of the building is divided among the co-owners in the form of "fractions." Each fraction includes a clearly defined private section, such as an apartment, a parking space, a storage unit, or even sometimes a piece of land. Additionally, each fraction grants a share of the common…...
21/09/2024
When purchasing an apartment in a high-rise building, the buyer automatically becomes a co-owner in a vertical co-ownership, where the units are stacked on top of each other. However, when acquiring a house (detached, townhouse or semi-detached) located on a shared piece of land with other houses, it typically falls under horizontal co-ownership., where…...
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16/09/2024
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…...
16/06/2024
Every syndicate of co-owners has obligations regarding common portions maintenance. Article 1039 of the Civil Code of Québec provides that "Upon the publication of the declaration of co-ownership, the co-owners as a body constitute a legal person, the objects of which are the preservation of the immovable, the maintenance and…...
28/06/2024
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…...
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…...
26/03/2024
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…...
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…...
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…...
04/12/2022
A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some…...
09/08/2022
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....