Seven myths about the rules of a condominium

Work in the home, operation of the AG... The living room of the condominium that starts this November 8, is the opportunity to make the point about your rights and duties.

France has around 8 million housing units in condominium. This implies to their occupants or future buyers to get acquainted a minimum of with the rules of life to abide by. Here is a reminder to be playful of the main principles to know with the Association of Managers of Condominium (ARC) .

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1. A co-owner may refuse to finance the waterproofing of my terrace

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False. Even if you have the exclusive use, from the moment your payment of co-ownership includes the terraces in the common areas, expenses of rehabilitation of the seal relating to it are shared between all the co-owners. This will also be the case if your condominium rules is silent on the subject. Only routine maintenance will be your responsibility.

True. If your regulations refers to the terraces as of the parties exclusively private. In the latter case, you bear only the work of waterproofing.

2. I can request that the agenda of the next general assembly (AG) is proposed the installation of an access code

True. Any co-owner may request to add a matter affecting the life of the building: safety, nuisance, unpaid bills, change of trustee... In practice, in order for your question to appear on the agenda of the next AG, it must be received by the trustee prior to the mailing of the convocation in the form of a registered letter with notice of receipt (by registered letter) and must include the resolution to be put on the agenda.

3. Nobody can forbid me from hanging out the washing on the windows

False If your condominium rules provides, you are required to comply with these instructions. The same for the exercise of a professional activity or a change in the ground-floor door. At default, the trustee may remind you of the order orally first, then written in a second time, putting you on notice that you abide by the rules of co-ownership. And if you persist, it might be required to ask during the next general assembly (AG) voting to engage legal action against you.

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4. I can object to a decision passed, in my absence, in the general assembly (GA)

False. As the saying goes : "the absent are always wrong !". Not to vote in AG is equivalent to accepting all the items listed on the agenda. One abstention all the more damaging that certain decisions require a unanimous vote. Therefore they will not be adopted if you vote against it. This is why it is strongly recommended to be present and/or, failing that, to give a power of attorney to be represented.

To : a absent and not represented retains, despite everything, the possibility of exercising an action for annulment of the decisions taken at a general meeting within 2 months of receipt of the minutes of the GA.

5. A summons to appear in general assembly (GA) can be sent by email

True The trustee may communicate the convening notice, by electronic means, on the express condition, however, that upstream of the sending, the co-owner has consented. At default, the trustee shall summon a meeting of the co-owners in GA at least 21 days before the scheduled date, by registered letter with notice of receipt, or by hand against a signature.

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6. I can do some work in my home without asking anything to the other co-owners

True. You have total carte blanche, if you are thinking of the work of embellishments (paint, wallpaper...) that do not impact the common areas or elements of structure.

False. If you plan to combine two apartments, close a loggia, to break a bearing wall, or change the ducts to flow of water in a kitchen or a bathroom, you will first need to obtain the agreement of the co-owners. Depending on the nature of the work to the collection of the majority of the votes of all the co-owners or co-owners representing at least two-thirds of the votes cast will be required. And attention ! It's not launch without this blank cheque at the risk of being subsequently convicted in justice to have to postpone your accommodation in the state of origin.

7. The work of accessibility solicited by a co-owner handicapped are to his charge

True. If the condominium is not classified as an establishment that receives the public, she has no obligation to perform work in accessibility. The co-owner concerned will therefore have to submit an application for work in AG, and the expenses incurred for their realization, will remain in his charge exclusive.

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To : if the opinion is unfavourable, the condominium will need to request an exemption argued, to the Prefecture, knowing the causes of exceptions are very limited.

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