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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08/09/2025

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
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17/07/2025

Encroachment on common portions: how to regularize it?

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…...

Purchase
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04/05/2025

Private portion: Can a bedroom be sold separately to a third party?

Our declaration of co-ownership clearly prohibits the rental of a bedroom, whether for short- or long-term periods. This rule aims to preserve the residential nature of the building and to prevent the comings and goings of temporary tenants, which are often a source of conflict or nuisance. However, we were…...

Purchase
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30/11/2024

Damages to a private portion: can the co-owner and insurer claim depreciation ?

A defective water heater belonging to a co-owner caused a water leak, damaging the hardwood floor in their apartment. Concerned about maintaining the state of the private portions, the syndicate decided to replace the hardwood floor and covered the costs since the damages were below the insurance deductible. The co-owner's…...

Insurance
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21/09/2024

Co-ownership fraction

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…...

Purchase

21/09/2024

Horizontal co-ownership

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…...

Purchase
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30/06/2024

Merger and modifications of the private portions

Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...

Your Rights
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28/06/2024

Work of the syndicate of co-owners in the private portions

Over time, various maintenance or improvement works will become necessary, sometimes requiring the syndicate to access private portions, or even to carry out the work within them. To prevent any obstruction of essential work for the syndicate of co-owners, Article 1066 of the Civil Code of Québec states that no co-owner…...

Work
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25/03/2024

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 (condominium), all parking spaces have a…...

Management
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22/03/2024

Guide to acronyms, abbreviations and acronyms in co-ownership: how to find your way around?

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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24/02/2024

Burglary in a private portion: what should you do?

During our return from vacation, I noticed that the door to our apartment had been forced open and we had been the victims of a burglary. I contacted a member of the board of directors to inform them of our misfortune. They indicated that a series of thefts had occurred…...

Insurance

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

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…...

Insurance