Definition : Common portions for restricted use

Common portion reserved for the exclusive use of one or many co-owners (for example, the balconies, entrance doors and windows of the apartments, storage and parking spaces). This type of common portion is sometimes illustrated on a allocation plan of the common portions for restricted use (e.g. for parking spaces or lockers).

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A co-owner has carried out by himself work on his terrace (common portion for restricted use). Since then, the roof leaks. Question : Who must pay to repair the damage?
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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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