Co-ownership fraction
What is included in the co-ownership fraction? “Co-ownership fraction” is a legal term used to designate the immovable on which the co-owner has a right.
It necessarily includes at least a private portion, bearing a separate lot number, and a share in the common portions. In most cases, it also includes exclusive rights of use of the common portions for restricted use.
Share
The share is the portion of the right of ownership that each co-owner holds in the common portions. This right of ownership is based on the relative value of each fraction. The share is normally expressed as a percentage or thousandth in the constituting act of ownership.
Relative value
The relative value is the value of a fraction determined (e.g. apartment 303) by comparing it with the value of all the other fractions. Usually expressed as a percentage, it is established based on the nature, destination, dimensions and location of the private portion of each fraction, but without taking its use into account. It is used to establish the share of the right of ownership of the co-owners in the common portions, their contribution to common expenses, and the number of votes attached to their fraction.
Source: Dictionnaire québécois de la copropriété and condolegal.com glossary
The private portion is the portion which is owned exclusively by the co-owner. This can be an apartment in a residential tower or a house in a complex of row houses.
The private portion has its own cadastral number. Its physical boundaries are determined by the cadastral plan and can also be described in the declaration of co-ownership.
The common portions are owned by all co-owners.
Hallways, fire escapes, access roads, a swimming pool or an exercise room are examples of common portions found in co-ownerships. The declaration of co-ownership and the cadastral plan must be checked to identify them.
Common portions within the unit’s boundaries
The boundary between common and private portions is sometimes difficult to determine even with the indications contained in the declaration of co-ownership.
An up-to-date certificate of location makes it possible to know precisely the physical boundary between the private portions and the common portions.
The up-to-date certificate of location provides the surveyor’s opinion on the current location and condition of a unit in relation to the titles, cadastre, occupancy and laws and regulations that may affect it. In other words, it allows you to ascertain the unit’s compliance. Among other things, it will enable you to determine if modifications have been made to the private portion (e.g. removal of a wall) and the potential consequences of this on the common portions (e.g. encroachment), if occupancy is in violation of the law or the declaration of co-ownership.
Elements that are normally designated as common portions include common equipment and appliances such as central heating and air conditioning systems, pipes and ducts. Often included are common elements that go through private portions, even if they do not serve these portions exclusively.
Common portions for restricted use
The portions of the buildings and grounds that are common for restricted use belong to all owners, but are for the exclusive use of some. They include balconies, roof terraces, access doors to private portions, windows, storage spaces, and parking spaces.
However, it is necessary to check the declaration of co-ownership in order to identify which common portions are for restricted use, since they may vary from one property to another.
