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Common areas and private portions
Common and private areas
In a condominium, a distinction is made between common and private portions.
The common elements belong to the syndicate of co-owners, while the private portions are the property of a co-owner.
The law provides that the common parts are the parts of the buildings and land used or useful by all or more of the co-owners . Thus, generally, the structural work, the access roads, the premises used for the use of all, the elevators, the corridors ... are common areas .
The co-ownership by-law may, however, contain a different distribution.
Like what:
• a garden can be a private part,
• a co-owner may have the exclusive enjoyment of a common part (terrace and balcony ...).
The private portions are the portions of the buildings and land reserved for the exclusive use of a specific co-owner . They are the exclusive property of each co-owner. The co-ownership by-laws describe them precisely. This is the apartment of each co-owner.
Namely : the co-ownership regulations, if it is well drafted, makes it possible to know if a part of the building is a private part or a common part.
The common elements belong to the syndicate of co-owners, while the private portions are the property of a co-owner.
The law provides that the common parts are the parts of the buildings and land used or useful by all or more of the co-owners . Thus, generally, the structural work, the access roads, the premises used for the use of all, the elevators, the corridors ... are common areas .
The co-ownership by-law may, however, contain a different distribution.
Like what:
• a garden can be a private part,
• a co-owner may have the exclusive enjoyment of a common part (terrace and balcony ...).
The private portions are the portions of the buildings and land reserved for the exclusive use of a specific co-owner . They are the exclusive property of each co-owner. The co-ownership by-laws describe them precisely. This is the apartment of each co-owner.
Namely : the co-ownership regulations, if it is well drafted, makes it possible to know if a part of the building is a private part or a common part.
Good to know
Your building has a small courtyard and you would like to install your plancha there? Be careful, barbecues in condominiums are not always accepted. Check the rules.
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