Common vs. Private Portions in Divided Co-Ownership

In divided co-ownership, the boundary between common portions and private portions determines who maintains, repairs and pays for them. Understanding it properly avoids misunderstandings, protects the syndicate’s budget and reduces conflicts between co-owners. This article reviews common responsibilities, insurance claims and best practices for your board of directors (board).

The Civil Code of Quebec (C.C.Q.) and your declaration of co-ownership define these concepts. The declaration, its plans and the by-laws of the immovable often take precedence, but the C.C.Q. establishes several rules (e.g., contributions to common expenses, responsibilities and insurance). We offer a simple method for deciding “who does what,” along with concrete examples from condos in Greater Montreal.

Essential definitions: common, private and restricted-use portions

• Private portions: what you own exclusively, generally the interior of your unit (finished walls, finishes, floors, non-load-bearing partitions, cabinets, horizontal plumbing and electrical components after the risers, and appliances such as the water heater). The exact boundaries are described in the declaration and its plans.
• Common portions: what belongs to all co-owners, such as the structure, roof, façades, columns, service shafts, vertical pipes, lobbies, elevators and central mechanical systems. Unless the declaration provides otherwise, the C.C.Q. considers these elements common (see C.C.Q., sections 1044 and following). Reference: LégisQuébec.
• Common portions for restricted use (PCUR): common elements reserved for the exclusive use of one or a few co-owners, such as many balconies, terraces, doors and windows, parking spaces or storage lockers; the declaration usually specifies that routine maintenance is the user’s responsibility, while major repairs or replacement may fall to the syndicate, depending on the prescribed allocation.

To verify a classification, first consult the declaration and cadastral plans. If in doubt, your board can request professional advice (from a land surveyor, engineer or legal professional).

• Useful references:
  • Civil Code of Quebec — divided co-ownership (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
  • Examples and best practices in co-ownership (RGCQ): https://rgcq.org/

A simple method for determining responsibility

Here is a five-step process that the board can apply consistently to each file, from a leaking window to a cracked slab.

1) Identify the affected element and its status

• Is it a common portion, private portion or common portion for restricted use? Check the declaration and the plan. If it is a balcony, distinguish between the structure and the surface finish.

2) Distinguish maintenance, repair and replacement

• Routine maintenance (cleaning, lubrication and minor adjustments) often follows the user (e.g., the co-owner of a PCUR). Major repairs and replacement generally follow ownership status (the syndicate for a common portion and the co-owner for a private portion), subject to the declaration.

3) Identify the cause of the damage

• Is the leak coming from a riser (common) or a pipe inside the unit’s wall (private)? A sound technical diagnosis protects the syndicate.

4) Allocate costs under the law and the declaration

• Common expenses (condo fees and assessments) fund common expenses (C.C.Q., section 1064). If the declaration provides that a PCUR is maintained at the user’s expense, comply with that clause. Also consider the contingency fund for major replacements.

5) Document and communicate

• Prepare a board decision and keep it on file; inform the person or persons concerned; record the follow-up in the minutes of the next meeting and, if necessary, on the agenda of the annual general meeting.

Practical summary:

• Useful references:
  • Contributions to common expenses (C.C.Q., section 1064): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
  • Best practices for preventive building maintenance (RBQ): https://www.rbq.gouv.qc.ca/

Common condo examples: real-life cases

Windows and doors opening onto the outside

In many co-ownerships, the frames and structure of exterior windows and doors are classified as PCUR. Light maintenance (cleaning, screens and weatherstripping) then falls to the co-owner user, while replacement may fall to the syndicate if the declaration provides for it. Some declarations classify the entire element as “common” to standardize work and aesthetics. Always check the declaration, the by-laws of the immovable and the plans.

A good practice: through by-laws adopted at the annual general meeting, require standards for replacements (model, colour and energy performance) to avoid inconsistencies and disputes between neighbours.

Balconies, terraces and rooftop terraces

A balcony is often a PCUR: you enjoy its exclusive use, but the structure and guardrails are common. The co-owner is responsible for surface maintenance (cleaning and reasonable snow removal), while the syndicate manages major repairs and replacement according to the maintenance logbook/EUC and the contingency fund reinvestment plan. For a rooftop terrace membrane, the declaration often classifies it as “common,” managed by the syndicate.

Board tip: specify permitted uses (barbecues, flower boxes and pavers) in an immovable directive to protect membranes and reduce claims.

Plumbing and water damage

• Vertical pipes (risers): common; maintained and repaired by the syndicate.
• Connections and piping inside the unit (after the branching point): often private; maintained and replaced by the co-owner.
• Water heaters: private; many syndicates impose a maximum age by by-law to limit failures. In the event of damage, costs are allocated according to the status of the affected elements and the insurance policies in force.

To reduce risks: establish a preventive water-heater replacement program, conduct periodic inspections and install leak sensors in mechanical spaces.

Parking spaces, storage lockers and common equipment

Parking spaces in the garage are frequently PCUR: light maintenance by the user (cleaning), but repairs to slabs, columns and drains by the syndicate. Lockers integrated into common walls follow the same logic. Common systems (intercoms, cameras, ventilation and sprinklers) are the syndicate’s responsibility for maintenance and repairs, funded through common expenses.

For real-estate transactions, the OACIQ reminds parties to properly disclose the condition of known elements; well-organized minutes and reports make it easier to sell a unit.

Insurance, deductibles and claims: who pays what?

The syndicate must insure the building, including the common portions and standard components of the units as described in the declaration. Each co-owner must insure their property, improvements and civil liability. In the event of a claim, allocation follows the cause, the status of the damaged property and the policies in force.

• Deductibles: under the C.C.Q. and applicable regulations, the syndicate may, in certain situations, claim all or part of the deductible from the co-owner if fault is proven, or as provided by the declaration and the syndicate’s insurance by-laws (see, in particular, the C.C.Q. provisions around section 1074.2 on insurance and recourse). Interpret and apply your by-laws; do not improvise.
• Damage to improvements: if engineered flooring above the standard is damaged, the “improvement” portion is normally the co-owner’s responsibility through their insurance.
• Prevention: a register of claims, deductibles and repairs speeds up future decisions and supports budget discussions.

• Useful references:
  • Co-ownership insurance (see the C.C.Q. section on insurance): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
  • RGCQ guide and training on condo insurance: https://rgcq.org/

Preventing disputes: board tools and best practices

• Maintenance logbook / EUC: keep it up to date, with annual and five-year planning. Preventive maintenance recommended by the RBQ protects the value of the asset and reduces surprises.
• Clear by-laws: specify in the by-laws of the immovable the maintenance requirements for PCURs (windows and balconies), standards, completion deadlines and authorizations required for work in private portions.
• Budgeting: adjust the budget and common expense contributions according to maintenance and replacement cycles; adequately fund the contingency fund.
• Communication: publish newsletters, post board decisions and record them in the minutes. At the annual general meeting, explain upcoming maintenance issues and major work.

To structure your responsibilities and follow-ups, see our administrative management and operations management services. You will find additional resources on our blog.

In the event of disagreement: recommended procedure

• Step 1 — Verification: reread the declaration, by-laws and plans; obtain a technical opinion if necessary.
• Step 2 — Interim board decision: decide on maintenance or repair, subject to legal confirmation if the clause is ambiguous.
• Step 3 — Written communication: inform the co-owners concerned, where applicable, of the reasons and possible recourse.
• Step 4 — Mediation/consultation: offer mediation; if necessary, consult a lawyer or notary.
• Step 5 — Annual general meeting and ratification: if a regulatory amendment is necessary (e.g., to clarify maintenance of PCURs), place it on the agenda of the annual general meeting and hold a vote in accordance with the declaration and the C.C.Q.

• Useful reference:
  • Co-ownership concepts for buyers and sellers (OACIQ): https://www.oaciq.com/

Frequently asked questions (FAQ)

Q1. A leaking window: who pays?

• It depends on the declaration. Often, the frame and structure are PCUR: light maintenance is the co-owner’s responsibility, but replacement is the syndicate’s responsibility if the declaration provides for it. Weatherstripping and screens are generally the co-owner’s responsibility. Have the source of the infiltration documented before making a decision.

Q2. Water damage caused by a riser: who repairs it?

• The riser is common: the syndicate is responsible for its repair. Damage to common portions is handled under the syndicate’s insurance; movable property and improvements in a unit are covered by the co-owner’s insurance. The deductible and any recourse follow the declaration, the insurance by-laws and the C.C.Q.

Q3. Are balconies always PCURs?

• Often, but not always. Some declarations classify the entire balcony as “common” to standardize aesthetics and control. Check the declaration and plans; otherwise, avoid assumptions.

• For further information:
  • C.C.Q. principles governing common and private portions (sections 1044 and following): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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