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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.
01/07/2024
A bathtub or a washing machine that overflows into the apartment below, a water heater 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 increased significantly in…...
30/06/2024
The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...
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…...
16/06/2024
Replacing windows, reroofing or rehabilitating underground parking slabs, to name but a few, is usually very expensive. Upgrading the common portions generally represents significant costs for the co-ownership and managing them can be complex. This reality is accentuated by the aging of Quebec's housing stock and the new obligations introduced…...
16/06/2024
In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Quebec states that a co-owner may be indemnified by the…...
17/04/2024
The contingency fund is set up on the basis of forward planning limited to certain work namely that which the purpose is the preservation of the common portions; thus, this collective saving allows to finance the execution of work allowing the rehabilitation of the common portions as well as the common portions for restricted use. The contingency fund must…...
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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…...
27/12/2017
A co-owner carried out work on their terrace (a common portion for restricted use) without obtaining prior authorization from the board of directors. Since this work, leaks have been detected at the roof level, causing damage and posing risks to the building's integrity. This situation illustrates the limitations of co-owners'…...
25/10/2010
Co-ownership is a collective property in which the co-owners have a right of ownership over their respective fraction: each co-owner has an undivided right to the common portions while he will have an exclusive right of ownership over his private portion. This is how you purchase an apartment in a…...
19/03/2010
Un copropriétaire désire que lui soit octroyé un droit de jouissance exclusif sur la terrasse située sur le toit, comme étant une partie commune à usage restreint. Question: Quelles autorisations doit-il obtenir?...