What is a common portion and what does it include?

The common portion belongs collectively to the co-owners but is placed under the administration of the syndicate of co-owners. The common portion generally includes, according to the declaration of co-ownership, the structure of the building and the common areas (lobby, staircases), the common services (elevators, heating system, plumbing), the land, the courtyards, the access roads, etc. The co-owners will have also to respect the regulations related to the exterior architectural uniformity of the co-ownership. Unless otherwise stipulated to the contrary, the portions not indicated as being private portions are presumed to be common portions. It is thus very important that the declaration of co-ownership clearly identifies the private portions of the building.