Restricted-Use Common Portions in Quebec Co-ownership

In a divided co-ownership, several elements belong to all co-owners, but their use is reserved for a single fraction. These are known as “restricted-use common portions” (PCUR). Balconies, terraces, sections of finished roofing, parking spaces and storage spaces are common examples.

Understanding where your rights end and your obligations begin helps prevent misunderstandings, non-compliant work and unexpected special assessments. This article clarifies the rules applicable in Quebec, the authorizations required for work and the allocation of costs, based on the declaration of co-ownership (DCV), the Civil Code of Quebec and sound syndicate management practices.

Restricted-use common portion: definition and examples

• Definition. A PCUR is a common portion whose use is reserved for one or more co-owners, as provided for in the declaration of co-ownership (DCV) and its plans. Ownership remains collective; only the use is exclusive (see section 1044 C.C.Q.).
• Typical examples. A balcony or terrace adjoining a unit, a garden or backyard attached to a ground-floor fraction, an assigned parking space, a storage space, or a rooftop terrace serving a single penthouse.
• Reference documents. The DCV, the by-laws of the immovable and the cadastral plan specify the use, physical boundaries and improvement rules. The syndicate’s register and the minutes of annual general meetings must reflect any decision to assign or modify such a portion.

Useful distinction:

• Private portions: the unit itself (interior), belonging exclusively to a co-owner.
• Common portions: portions belonging to everyone. PCURs remain common portions, even when their use is restricted.

Rights and obligations of the co-owner using the portion

A co-owner who benefits from a PCUR has a right of use that is subject to the immovable’s destination, the DCV and the by-laws of the immovable (see section 1063 C.C.Q.). In practice, this means:

• Compliance with use rules. It is prohibited to store dangerous materials, compromise safety or aesthetics, or create nuisances (noise, smoke or runoff).
• Routine maintenance. The beneficiary usually assumes routine maintenance of the PCUR (cleaning, snow removal from the balcony and minor non-structural repairs), in accordance with the DCV.
• Access for the syndicate. The syndicate may access the PCUR for inspection, maintenance, repairs or urgent work, with reasonable notice, except in an emergency.
• No alterations without authorization. Any modification to a common portion, even one for restricted use, requires formal authorization under the DCV and often a decision by the board of directors or the meeting.
• Insurance. Additions installed by the co-owner (e.g., an awning, composite balcony flooring or a lightweight shed) may be covered by their personal insurance. The syndicate generally insures the structure and original finishes; check the policy.

Work on a PCUR: authorizations, permits and insurance

Before installing a pergola, changing balcony cladding or adding an electric vehicle outlet to your parking space, follow a clear process:

1. Check the DCV and the by-laws of the immovable
   • Is there a specific policy for balconies and terraces, parking areas and rooftop terraces?
   • Are the permitted materials, colours and dimensions specified?
2. Determine the nature of the work
   • Routine maintenance (e.g., cleaning or oiling wood): often permitted without authorization, but confirm first.
   • Minor repair or replacement on a like-for-like basis: generally approved by the board of directors through a written request.
   • Alteration or addition (e.g., an anchored pergola, parking-space enclosure, charging station or terrace expansion): usually requires formal authorization and sometimes a vote at the annual general meeting if the integrity, structure or collective use is affected. Some decisions require qualified majorities (see sections 1097–1098 C.C.Q., depending on the importance or destination).
3. Obtain written authorizations
   • Submit a complete request to the syndicate: description, plans/sketches, technical data sheets and proof of compliance.
   • The board of directors may impose conditions (choice of materials, anchoring methods, schedule and proof of the contractor’s insurance). The decision should be recorded and filed in the register; an excerpt from the minutes may be provided to you.
4. Comply with standards and obtain permits
   • Use a contractor licensed by the RBQ for applicable work and comply with the Construction Code. Consult the Regie du batiment du Quebec for qualification, subclasses and warranty obligations.
   • Obtain a municipal permit if required (for a structure, electrical or gas work, or a visible exterior modification). Also check the local planning by-laws.
5. Risk management and insurance
   • Protect the worksite, manage nuisances (working hours and dust) and notify neighbours.
   • Obtain the contractor’s liability insurance certificate; adjust your personal coverage if you add property belonging to you.

A good management practice is to record these interventions in the maintenance logbook and the maintenance logbook study (EUC). Although reserved, PCURs affect contingency fund planning if their common component is to be replaced by the syndicate.

Useful resources:

• LégisQuébec – Civil Code of Quebec (C.C.Q.). Consult the provisions on divided co-ownership, particularly those concerning use, decisions and common expenses (see sections 1044, 1063, 1064 and 1097–1098).
• RBQ – Information on contractor licences and work subject to licensing.
• RGCQ – Guides and best practices in co-ownership.

Costs, common expenses and the contingency fund: who pays what?

The basic rule is that co-owners contribute to common expenses according to their proportionate share, unless the DCV expressly provides otherwise (see section 1064 C.C.Q.). For PCURs, the DCV may provide that some maintenance or repair costs are payable by the beneficiary of the use. In the absence of a clear clause, the general principles apply.

Practical guidelines (to be confirmed in your DCV):

• Routine use-related maintenance (cleaning and small accessories added by the co-owner): often payable by the beneficiary.
• Repair or replacement of structural PCUR elements (e.g., a balcony slab or the waterproofing membrane of a rooftop terrace): generally payable by the syndicate, financed through common expenses and/or the contingency fund.
• Personal improvements (e.g., added composite flooring or a pergola not included in the original construction): payable exclusively by the co-owner using the portion, including maintenance and removal when necessary.
• Damage caused by misuse (e.g., water infiltration resulting from unauthorized drilling): chargeable to the responsible party, in addition to any remedies available to the syndicate.

Indicative summary table (by way of example; refer to your DCV):

Financial best practices:

• Clarify the allocation of costs by type of intervention in a written policy (adopted by the board of directors and, where appropriate, at the annual general meeting). Record it in the register and communicate it to the co-owners.
• Align the EUC and maintenance logbook with these policies so that the contingency fund adequately covers replacement of the common components of PCURs.
• Use special assessments when major unplanned work exceeds the budget’s capacity, while complying with the notice of meeting and voting rules.

To structure these processes, see our operations management and administrative management services, including the preparation of calls for tenders and maintenance of registers: services – operations management and services – administrative management.

Selling a condo: disclosures and documents related to PCURs

When selling, a buyer and their broker will want to know whether work was carried out on your PCUR, whether it was authorized and compliant, and who will assume future maintenance. To facilitate the transaction:

• Seller’s declarations. Describe any addition or modification to your balcony, terrace or parking space, the authorizations obtained, and provide invoices and warranties. The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) emphasizes the importance of complete and accurate disclosures.
• Syndicate certificate. The certificate may mention the policies in effect, planned work affecting PCURs and outstanding common expenses. Request it sufficiently early.
• Syndicate documentation. Provide the DCV, by-laws, latest financial statements, budget, minutes of annual general meetings and any by-law or resolution specific to PCURs.

For other practical resources and related articles, visit the multiRent blog or explore our services.

FAQ – Restricted-use common portions

Q1. Can I install a charging station in my exclusive parking space?
Often, yes, but you will need authorization from the syndicate, plans prepared by a master electrician, RBQ compliance, verification of electrical capacity and, where necessary, a resolution of the annual general meeting if common infrastructure is modified. Private installation costs are generally payable by you; improvements to common infrastructure may be allocated in accordance with the policy adopted.

Q2. Who pays to replace balcony guardrails?
If they are part of the original components and common structure, replacement is usually payable by the syndicate through common expenses and the contingency fund. Any non-standard upgrade remains payable by the co-owner using the portion, unless the DCV provides otherwise.

Q3. Can I enclose my balcony with glazing?
This constitutes an alteration to a common portion. You will need written authorization from the syndicate; depending on the impact on appearance and structure, a vote at the annual general meeting may be required (see majority rules, sections 1097–1098 C.C.Q.). Also check municipal permits.

External reference resources:

• LégisQuébec – Civil Code of Quebec (C.C.Q.) – Divided co-ownership
• RBQ – Licences and work subject to licensing
• RGCQ – Best practices in co-ownership
• OACIQ – Seller’s declarations and information for buyers

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

This article provides general information and does not replace advice from a tax specialist or accountant. Refer to Revenu Québec and the CRA for exact requirements.

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