- Common portion : Common portion
Definition : Common portion
Portion of the immovable owned by all the co-owners and which serves for their common use or for the use of some of them (common portion for restricted use). The declaration of co-ownership (description of the fractions) determines what is common. Save and except for contrary provisions stipulated in the declaration of co-ownership, are presumed to be a common portion: the ground, yards, verandas or balconies, parks and gardens, access ways, stairways and elevators, passage ways and halls, common service areas, parking and storage areas, basements, foundations and main walls of buildings, and common equipment and apparatus, such as central heating and air conditioning systems and the piping and wiring.
Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if that is possible? If this is the case, I would like to know who has the authority to make this decision.
Login / Register to read this article
Despite increased congestion and gridlock in major urban centers, many co-owners still favor the automobile as their means of transportation. The densification of cities accentuates chronic congestion, which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs, since it is generally forbidden to park (at night) in the winter time. Access to parking is therefore an important issue for many co-owners and buyers.
The essence of divided co-ownership (condo) is to divide the building into private portions for the exclusive use of a co-owner, and into common portions for the common use of all the co-owners or of one or more co-owners.
The private portions are the fractions of the immovable in which the co-owners have an exclusive right of property. They are described in the part of the declaration of co-ownership dedicated to the cadastral description of the fractions. These portions are physically identifiable. It can be an apartment, a parking space or a parcel of land in the case of townhouses. Each private portion has its own cadastral designation.
December 14th 2015 - Besides seeing to the respect of the declaration of co-ownership, you as directors of a condominium must ensure the maintenance and conservation of the building. It is your uppermost duty and the majority of your tasks ensue from this fundamental obligation.
Buying an apartment in a co-ownership is a major investment in a lifetime. To avoid being caught off guard during the process leading to your purchase, you should seek proper assistance.
Les copropriétaires peuvent utiliser et jouir librement des parties communes, à condition de ne pas exercer abusivement ce droit et de ne pas les endommager!
Advenant qu’un copropriétaire ou qu’un de ses mandataires occasionne des dommages à une partie commune, il en sera responsable. Il appartiendra au syndicat d’engager les travaux correctifs, mais à la charge de ce dernier.
The Law and the overwhelming majority of declarations of co-ownership require that syndicates of co-owners insure their building. This may seem surprising at first glance as the syndicate does not own the private portions nor the common portions. However, its main object is to ensure the preservation and the longevity of the building and to manage and administer it diligently following rules of the trade. This is why the legislator has given to the syndicate an insurable interest and has made it compulsory that it subscribe building insurance.