Definition : Maintenance of common portions

Set of operations or activities aimed at preserving, cleaning, keeping in good condition the common portions of the building, according to ordinary means, and this to prevent their degradation. The syndicate of co-owners has the obligation to ensure the conservation of the immovable and, by the same token, the maintenance of the common portions. The maintenance of  the common portions concerns, a priori, both the common portions and  the common portions for restricted use, because the law makes no distinction. However, the declaration of co-ownership may provide that the maintenance of common portions for restricted use, such as balconies, be entrusted (in part) to the co-owners who have the enjoyment. Failure to maintain the common areas implies a breach of an obligation. Article 1077  of the Civil Code of Quebec provides that the syndicate is liable for damages caused to the co-owners or third persons by the lack of maintenance of the common portions.