Co-ownership: principles, functioning and challenges

The condominium is a form of real estate ownership that allows several people to own a building together and to share its expenses and benefits. Although it offers many advantages, it can also be a source of conflicts and challenges for co-owners. In this article, we will discuss the fundamental principles of co-ownership, how it works, the obligations and responsibilities of co-owners, as well as the challenges they face.

1- The principles of co-ownership

Co-ownership is defined by article 1 of the law of July 10, 1965 as “the ownership of a built or unbuilt building divided between several people, each co-owner being the exclusive owner of a private and undivided portion of the common areas”. It is governed by a condominium regulation, which defines the rights and obligations of the co-owners and the modalities of operation of the building.

The private areas

Private areas are the parts of the building reserved for the exclusive use of a co-owner, such as an apartment, a garage or a cellar.

Common areas

These are the parts of the building intended for the collective use of the co-owners, such as stairs, corridors, elevators or gardens.

Condominium fees

This represents the share of each co-owner in the common areas of the building. They are calculated according to the area of the private portion of each co-owner.

2- The functioning of the condominium

The operation of co-ownership is organized around several bodies:

The general meeting of co-owners

The general meeting of co-owners is the decision-making body of the condominium. It meets at least once a year to vote on important decisions, such as the provisional budget, the work to be carried out or the election of the trustee.

The trustee

It is the legal representative of the condominium. He is responsible for the administration and management of the building, as well as for the implementation of decisions taken by the general meeting of co-owners.

The trade union council

The trade union council is an advisory body that assists the trustee in his mission. It is composed of co-owners elected by the general meeting of co-owners.

3- The obligations and responsibilities of co-owners

Co-owners have obligations and responsibilities towards the condominium:

Participate in the general meeting

Each co-owner is required to participate in the general meeting of co-owners, either in person or by proxy.

Respect the condominium regulations

The condominium regulations, which define the rules of community living and the operating procedures of the building must be respected by each co-owner.

Contribute to condominium fees

Each party is obliged to contribute to condominium fees, which include the costs of maintenance, repair and management of the building.

Maintain your private portion

Each co-owner is responsible for the maintenance of his private portion, as well as the resulting repairs.

Participate in important decisions

Participating in important condominium decisions, by voting at general meetings or by expressing your opinion to the trustee or the syndicate council is part of the responsibility of each co-owner.

4- The challenges of co-ownership

Co-ownership can be a source of conflicts and challenges for co-owners:

• Co-owners may be confronted with neighborhood conflicts, such as noise pollution, unauthorized work or voluntary damage.

• They can also find themselves facing construction defects, such as poor workmanship, hidden defects or structural disorders.

• Unpaid charges: Co-owners may be faced with unpaid charges, which endanger the financial balance of the condominium.

• They may face difficulties in trustee management, such as delays in carrying out the work or errors in the accounting management of the condominium.

5- Tips for harmonious co-ownership

For a harmonious co-ownership, it is recommended to follow some practical advice:

• Respect the rules of community life, especially in terms of noise, cleanliness and safety, to avoid neighborhood conflicts

• Anticipate work and repairs, planning them in advance and ensuring their quality.

• Ensure the follow-up of unpaid charges, the accounting management of the condominium, by ensuring compliance with deadlines and by reminding defaulting co-owners.

• Choose a good, responsive and transparent trustee, who regularly informs the co-owners and reports on his management.

Conclusion

Condominium is a complex but necessary form of real estate ownership for many owners. Although it offers many advantages, it can also be a source of conflicts and challenges for co-owners.