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An architectural element of a building that sits on the roof of the building and is arranged as a terrace to be used as a living or leisure space. A roof terrace can be treated as a garden (sometimes only vegetated) or it can consist of open air parts and built elements, with a solarium for example. It is generally referred to as a common portion for restricted use, in the declaration of co-ownership.
13/12/2024
A co-owner wishes to acquire exclusive use rights for a rooftop terrace currently designated as a common portion according to the provisions of the declaration of co-ownership. This co-owner seeks to have the terrace reclassified as a restricted common area to enjoy exclusive use. The terrace, which forms part of the…...
01/07/2024
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…...
01/07/2024
As part of its missions, the syndicate must authorize, if necessary, any work undertaken by co-owners, whether in the private portions or the common areas for restricted use. Co-owners should not forget that in co-ownership, certain rules apply. In this regard, certain declarations require co-owners to provide the board of…...
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…...
18/05/2022
May 18, 2022 – In many co-ownerships, the creation of common spaces in the form of rooftop terraces on underground parkings enhances the collective living space. These rooftop terraces, considered essential components of modern architecture, present various maintenance challenges. While offering numerous benefits, they can be the source of structural…...
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'…...