Definition : Private portion

A portion of an immovable (e.g. an apartment, a parking space, a locker and sometimes land) which is owned in full ownership by a specific co-owner and of which he has the exclusive use. The declaration of co-ownership (description of the fractions) determines what is private.

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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…...

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10/03/2024

Co-ownership parking: private portions

Parking spaces designated as private portions are common in divided co-ownership; this specific legal status is granted to them by the declaration of co-ownership, which identifies them as fractions in the section dedicated to the description of the fractions. Similar to an apartment held in co-ownership, all parking spaces have a unique…...

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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…...

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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…...

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09/12/2023

Certificate of location

Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the…...

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26/09/2023

Building insurance

The Law and the overwhelming majority of declarations of co-ownership require that syndicates of co-owners insure their building. This may seem surprising at first glance as the syndicate does not own the private portions nor the common portions. However, its main object is to ensure the preservation and the longevity of the building…...

Insurance

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…...

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09/08/2022

Syndicates that have not produced a reference unit are at great risk

June 28th, 2020 - The law concerning co-ownership insurance has undergone major changes since June 2018.  Section 1070 of the Civil Code of Quebec now contains a third paragraph, which provides that the syndicate keeps a sufficiently precise description of the private portions available to the co-owners, for insurance purposes, so that the improvements made by…...

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