Definition : Common portions for restricted use - Assignment

Prerogative granted to the declarant or the board of directors, under the terms of the declaration of co-ownership, to grant a co-owner a right of exclusive use in certain portions of the common portions of the building (e.g., parking or locker spaces). At the time of the establishment of the divided co-ownership on the building, it is common for the declarant to have allocated to himself the exclusive enjoyment of certain common portions for restricted use. Provided that he remains co-owner, the declarant retains this right of enjoyment as long as he does not attribute such a right to another co-owner. In addition, it is generally required that any assignment, modification and transfer be carried out by means of a notarial act en minute and be notified in writing to the syndicate of co-owners. The assignments are registered in the register of the co-ownership.

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 ?

The law provides that the syndicate must keep a register available to the co-owners. Article 342 of the Civil Code of Quebec specifies that the board of directors shall keep the list of members, as well as the books and registers necessary for the proper functioning of the legal person. This register represents the memory of the building for those who administer it. It constitutes the history of the experience of the condominium from its conception, and this by specifying its maintenance and the work undertaken, while listing the contractors and suppliers who intervened. In this sense, it is invaluable. The syndicate must preserve for organizational and management purposes, or for legal protection and evidence purposes, all documents and information relating to the operation of the co-ownership. That is why "preservation", "access" and "archives" are the hallmarks of this register.

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.

Description of the immovable

Co-ownership is a collective property in which the co-owners have a right of ownership over their respective fraction: each co-owner has an undivided right to the common portions while he will have an exclusive right of ownership over his private portion. This is how you purchase an apartment in a building in divided co-ownership, you become the owner of your dwelling (private portion), but also owner of an undivided part of the building called 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.

Demander l’usage restreint d’une partie commune

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. Question: Quelles autorisations doit-il obtenir?

Definition : Common portions for restricted use - Assignment

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