Definition : Common portions for restricted use - Assignment (sale of the right of use)

Act by which a co-owner transfers his exclusive right of use in a common portion for restricted use to another co-owners in the context where the declaration of co-ownership makes such an assignment possible. If the fraction of co-ownership includes exclusive rights of enjoyment in common portions, these are necessarily transmitted with it. If the exclusive rights of enjoyment are not a component of the fraction, but have been conferred personally on a co-owner, then article 1047 of the Civil Code of Quebec is not applicable to them and the declaration of co-ownership may allow the alienation in favour of another co-owner without alienating the fraction.

Disposal of a common-use parking area for restricted use: how to do it?

Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private portion ?

Parking : common portions for restricted use

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.

Private portions and common portions

The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during the cadastral operation. Each of the private lots of the co-ownership thus constituted becomes a unique property. The distinction between the common and private portions is essential, particularly from the point of view of maintenance, which is the responsibility of the syndicate of co-owners for the common portions and of the co-owners for the private portions.

Definition : Common portions for restricted use - Assignment (sale of the right of use)

Related articles