I-Definition
Being co-owner is jointly owning a property (eg building) divided into lots (eg apartments).
This means that each owner owns its units but also co-owner of the common.
It can thus dispose of his property, rent, or sell, depending on the property right, but within a number of collective rules (Regulation of condominium, as the co-ownership).
top
The units
The batch can take different forms: flat or house, parking, basement or other room that belongs to an individual or a corporation.
top
The Public
The common material: it is part of a building or land allocated for use by all (stairs, elevator, floors, yards, bearing walls, roof …)
The common law: it is associated rights to the common parts (right elevation, the right to construct new buildings in progress …)
top
II-Organization of the condominium
Condominium rules
This is the regulation that all owners but tenants must comply.
It therefore applies to everyone, even if passed and amended only by the joint through the General Assembly.
Condominium rules is given to each tenant or owner and sets the rules of the common enjoyment, purpose and management, and this under the law of 10 July 1965.
It must include a description of the lots (located in the condominium building, area …) and especially the share (expressed in “mil”) that determines such costs and expenses of your condo and your weight in votes.
Attention, condominium rules may be contrary to law, some common clauses are illegal (prohibition of pet ownership in the condominium, for example).
top
The General Assembly
The General Assembly is the meeting of all owners.
She has held at least once a year to make decisions concerning settlement of joint or vote for the budgets of the condominium or for any decisions regarding the building or subdivision.
The meeting of owners in general meeting takes place on the initiative of the trustee or council of trade unions or by one or more co-owners representing at least ¼ of the votes.
The notice of meeting shall include an agenda and all documents relevant to the preparation of this meeting (specifications, budget estimates, contract trustee …).
It must be sent by registered letter with acknowledgment of receipt or delivery directly to owners cons attendance sheet.
top
The union council
The union council is a consultative body consisting of a number of owners appointed by the General Assembly and charged with assisting and monitoring the trustee in its mandate, its management and its accounts.
The members of the union council are elected by the General Assembly by a majority and strengthened for a maximum of 3 years renewable.
The union chairman is elected by the members of this council. It will remain the main interlocutor of the trustee and will be responsible for the relationship between the trustee and the owners. Its function may be some fees that will be.
top
The trustee
The trustee’s role is paramount in the resilience of a condominium. It must be the holder of a professional property management, only proof of its powers and its financial guarantees, and must be covered by her insurance professional liability.
A trustee is appointed by the General Assembly and is responsible for implementing the decisions taken, to administer the condominium, and to act lawfully and to represent the union council.
The trustee can be chosen from the owners, but this function requires large legal and accounting expertise and financial guarantees that do not necessarily volunteer trustees.
The trustee is elected by the General Assembly for a renewable term of 3 years.
He is responsible for:
- Enforcing the regulations of the condominium
- Implement the decisions of the General Assembly
- Take charge of the current administration and conservation of the condominium
- Recover costs from owners,
- Take charge of budget and accounting standard,
- To vote by the general meeting (at least once every three years) the decision to establish special provisions for dealing with maintenance of the common
- Advising the owners (in particular, warn of the consequences of decisions taken in general meeting)
- Maintain records of the condominium
- Representing the condominium law.
His liability may be incurred if it makes mistakes or errors in the management of the condominium. The Union Council may then turn against him, unless he acted after a decision passed by the General Assembly. The trustee must have a special insurance for this type of conflict.
top
III-loads and work
Majorities and work
The work done within the condominium must be first passed by the General Assembly. However, depending on the nature of work, voting rules differ.
Reminder:
- A simple majority is a majority vote of owners present or represented at the meeting.
- Corresponds to an absolute majority vote of the entire assembly.
- The double majority is a majority of all owners and a majority of 2 / 3.
A simple majority is required in respect of repairs and maintenance (excluding repairs and small items of equipment which are the responsibility of the trustee).
An absolute majority is required in respect of the work according to regulatory or legislative provisions, as for insulation or energy-saving, work on compliance, installation of antenna or cable connection.
The double majority is needed on her for all the improvement work, ie work involving the processing of one or several pieces of existing equipment, adding new elements, and development or the establishment of common premises (s.26 of the Act of July 10, 1965).
top
Directors’ fees and costs: the distribution of common
Directors’ (or thousandths) determine the share of ownership of your property in the common elements and weight of the votes in the General Assembly.
It is the surveyor to assess the division’s share of the condominium according to a number of criteria (rental value of the lot, area, floor, sunlight …)
Specifically, a studio on the ground floor with a small area facing north and will share a lower penthouse apartment with terrace facing south and thus lower costs of ownership
Charges for repair, maintenance or administration are divided between the owners of royalties by the loads on the same principle as for royalties condominium.
Thousandths of loads are generally equivalent to a thousandth of condominiums.
The law requires the condominium rules to distinguish two types of condo fees:
- General common expenses (storage, maintenance, administration) that are divided according to the principle of royalties charges, usually the same as the Directors’ condominium.
- The common expenses or special individual associated with the use of common equipment (elevator) or utilities (cold water) which are distributed according to the criterion of utility.
It follows that the utility owner has an equipment or facility that will be calculated at his own expense.
However, this criterion is far from obvious to determine in some cases and can lead to heated discussions at general meetings. Thus when it is easy to determine the share of common expenses for the individual elevator (there, the owner of the last stage will pay more than the first), it is more difficult to fix such costs in the case of installation of antenna or cable connection, for example, or in the case of cold water in the absence of individual meters.
top
Payment of expenses
It rests in the trustee’s management and administration charges after the vote on a budget of expenditures by the General Assembly.
The trustee appointed by the condominium is also responsible for collecting charges from the owners.
Specifically, the trustee launches each year, calls for funds that are cash advances for expenses determined at the meeting of the General Assembly. Then, at the beginning of each year and every quarter, provisions are made.
It should be noted that all owners must pay these charges even if they do not occupy the premises (empty slot), or they challenge the costs (they can later be reimbursed if are successful).
top
IV-The rights and obligations
Joint ownership confers two distinct types of rights: The right of property (on the units) and condominium law (concerning public areas).
The rule is simple (s.9 of the Act of July 10, 1965): the owner “has the units included in the lot”, “uses it and enjoys free,” provided “does not impair the rights of others owners or the destination of the building. ”
Be aware that some provisions of the condominium regulations may violate the right of property (eg the ban on pet ownership in the condominium).
top
Rent, sell
As owner, you can rent or sell your lot as you wish unless the rules of the condominium sets limits imposed by the destination of the condominium (rental furnished in a luxury building, for example)
The absolute prohibition of rent and the obligation to submit a short sale approval of the Union Council or the General Assembly are illegal.
top
Divide his lot
The desire to divide his lot better to sell or rent can be a good investment.
Normally, the freedom granted to the owner in this case is complete unless it involves work on the common areas, or whether this division is against the rules of the condominium on the destination of the building (eg a small condominium may via the regulation prohibiting division to limit the number of occupants, and thereby maintain a certain standard related to peace).
top
Engage in an activity
Again, freedom associated with the property may be limited by the destination of the building. Condominium regulations clearly define whether the lot is for residential use, commercial, professional or mixed.
However, housing may have a mixed destination, but the exercise of a profession can also cause discomfort or abnormal conditions of neighborhood that could force the person to stop his activity. Respect for the destination of the building is paramount even if the definition of these destinations can be difficult.
Thus some clauses provide for the exercise of a professional activity but not commercial (the clause of “bourgeois home”).
If you intend to work in a condominium or rent your lot for any person wishing to undertake an activity, please refer first to the regulations of the condominium.
In the case of tenancy, the landlord shall be liable vis-à-vis the council of trade unions but also the tenant if he is forced to stop its activity. The consequences can be serious in case of disputes.
top
Work on the units
You can conduct or any work in your private parts if they are not contrary to the regulations of the condominium and has no gene or disorder neighborhood.
Often, some jobs require the authorization of the trustee or the general assembly, which is why the golden rule before undertaking any change or intervention is to refer to the condominium rules.
It should be noted that in case of application for a building permit from the city hall, the authorization of the general meeting of owners will be required.