Definition : Common portions for restricted use - Allocation plan of the common portions for restricted use

Graphic illustration of the location of certain common portions for restricted use (e.g. parking spaces or lockers). Filed in the register of the co-ownership, its main purpose is to inform the Board of Directors, and by extension the co-owners, of the exclusive rights of enjoyment of the co-owners in the common areas. The allocation plan generally allows the identification of common potions for restricted use that are not contiguous to a private portion. It delimits them in relation to the other common portions, and usually identifies them with a number.This document is an integral part of the register of co-ownership and shall be made available to any co-owner upon request.

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The law provides that a syndicate must keep a register at the disposal of the co-owners. In most cases the declarations of co-ownership list the items it contains. This register is the memory of the syndicate, and consequently, its archives. In is thus invaluable. Much more than a mere witness of the sound management of an immovable, it is its prime instrument. Therefore, preservation and access are the hallmarks of this register.
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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 parkings, when the developer (declarant) decides that it is not necessary to create a specific lot number for each space. These are therefore an integral part of the lot constituting the common portions of the immovable.  
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When you purchase an apartment in an immovable held in divided co-ownership, you become the owner of your dwelling (private portion), but also the owner of an undivided portion of the immovable designated as common portion (for example: the ground, balconies, major components such as foundations and main walls). This, taken as a whole, including the common and private portion, is designated in legalese as: a fraction. The fractions may contain one or more private portions. They are described in the declaration of co-ownership in the Section entitled the Description of the fractions, and they are physically identifiable. They may include an apartment, but also a parking space or a parcel of land (for example in townhouses or semi-detached homes).
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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. Quelles autorisations doit-il obtenir?
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