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Prerogative granted to the declarant or the board of directors, under the terms of the declaration of co-ownership, to grant a co-owner a right of exclusive use in certain portions of the common portions of the building (e.g., parking or locker spaces). At the time of the establishment of the divided co-ownership on the building, it is common for the declarant to have allocated to himself the exclusive enjoyment of certain common portions for restricted use. Provided that he remains co-owner, the declarant retains this right of enjoyment as long as he does not attribute such a right to another co-owner. In addition, it is generally required that any assignment, modification and transfer be carried out by means of a notarial act en minute and be notified in writing to the syndicate of co-owners. The assignments are registered in the register of the co-ownership.
02/04/2024
Optimal management of a co-ownership (condominium) is rooted in the meticulous keeping of a register and so, in accordance with section 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...
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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…...
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…...
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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…...
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?...