Article 1044 presumes to be common the parts of the immovable that are not part of a fraction and those whose nature the declaration of co-ownership does not specify. The declaration's silence therefore falls on the general common side.
In practice, an element not expressly qualified as a private portion or a common portion for restricted use is a general common portion, to which all fractions contribute by relative value.
The board cannot requalify an element as a PCUR by mere decision or meeting resolution to have a subgroup pay for it: that requires amending the declaration (art. 1097 CCQ).
CondoAide reflects the qualification recorded in the declaration; it does not shift an expense to a subset based on actual use alone.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.