Definition : Common portions for restricted use - Maintenance

A set of operations or activities aimed at preserving the common portions for restricted use of the immovable in good condition and preventing their deterioration. The syndicate of co-owners has, in principle, the obligation to ensure the preservation of the immovable and, thereby, the maintenance of all types of common portions. However, certain declarations of co-ownership provide that the co-owner(s) with the use of common portions for restrictive use are responsible for their maintenance.

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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.  
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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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As in common portions, work can be carried out in common portions for restricted use, such as building a terrace upon which a co-owner would have exclusive use or transforming a balcony into an additional room attached to an apartment. If such cases, the co-owners must keep in mind that article 1063 of the Civil Code of Québec governs the use they can make of the common portions for restricted use. This article stipulates that: "Each co-owner has the disposal of his fraction; he has free use and enjoyment of his private portion and the common portions, provided he complies with the by-laws of the immovable and does not impair the rights of the other co-owners or the destination of the immovable. "
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