Definition : Private portion - Maintenance

Action by a co-owner of keeping a private portion in good condition and to prevent its deterioration. Most declarations of co-ownership contain a clause stating that, if a co-owner neglects to carry out work that he is supposed to carry out in his private portion, the syndicate is authorized to see to it in his place. Some work may sometimes be necessary for the preservation of the immovable and/or to avoid jeopardizing its insurability.

WHAT YOU SHOULD KNOW! under article 1039 of the Civil Code of Québec, the syndicate of co-owners has the obligation to ensure the preservation of the immovable and, under certain circumstances, the maintenance of the private portions.

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Parking spaces qualified as private portions are commonplace in divided co-ownership. This special legal status is attributed to them by the declaration of co-ownership, which designates them as fractions in the section devoted to the description of the fractions. Like an apartment held in co-ownership, all these spaces have a unique lot number, along with a relative value, and a share. Their owners may, at a general meeting of co-owners, prevail themselves of the votes attached thereto. These votes are added, as the case may be, to those they have for their apartment
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