Co-ownership regulations: understanding its challenges and provisions for harmonious management of the building

The condominium regulations are an essential legal document for the management of a condominium building, defining the rights and obligations of co-owners, as well as the rules of operation of the condominium. This article aims to present the issues of condominium regulations, the provisions they contain, the methods of drafting and modifying them, as well as advice for the serene management of the condominium.

1- The challenges of condominium regulations

The purpose of the condominium regulations is to govern the relationships between the co-owners and to organize the management of the building. It meets several challenges:

• Ensure the proper distribution of burdens and responsibilities between the co-owners, according to the private elements and the common areas.

• Guarantee respect for community living rules and prevent conflicts.

• Define the operating procedures of condominium management bodies, such as the trustee and the syndicate council.

• Preserve the sustainability and value of the building, by supervising the work and arrangements carried out by the co-owners.

2- The provisions of the condominium regulations

The condominium regulations must contain the following information:

The description of the building

The regulations must specify the address of the building, its destination (home, business, etc.), as well as the constituent elements of the condominium (lots, common areas, collective facilities, etc.).

The distribution of burdens

He must determine the distribution of expenses between the co-owners, according to the distribution criteria provided for by law (condominium fees, utility, consumption, etc.).

The rights and obligations of co-owners

It must set out the rights and obligations of co-owners, in terms of use, enjoyment and conservation of private portions and common portions.

The rules of living in community

The agreement must set the rules for living in community, by regulating noise pollution, domestic animals, works, installations, etc.

The operating procedures of the management bodies

It must specify the operating procedures of the trustee, the syndicate council and the general meeting of co-owners, as well as the decision-making and majority conditions required.

3- Drafting the condominium regulations

The condominium regulations are drawn up when the condominium is constituted, generally by a notary, a lawyer or a condominium expert. It must respect the legal provisions in force (law of 10 July 1965 and decree of 17 March 1967) and be adapted to the characteristics of the building and to the specificities of the co-owners.

In the event of a change in the regulations, it must be voted on at the general meeting of the co-owners, with a specific majority (absolute majority or double majority depending on the case), then be formalized by a notarial act. Modifications must comply with legal provisions and not affect the rights of co-owners.

4- Advice for harmonious co-ownership management

For a serene management of the condominium, it is recommended to respect the rules set out in the condominium regulations and to promote communication between the co-owners. Here are some practical tips:

Know the condominium regulations

The co-owners must read the regulations and respect them scrupulously. The provisions of the regulations must be communicated to the new co-owners and to the tenants.

Participate in the general meeting of co-owners

The general meeting is the decision-making body of the condominium. The co-owners must participate to express their opinion and take part in the votes.

Electing a trade union council

The syndicate council is an advisory body for the condominium, which assists the trustee in his mission. It is composed of co-owners elected by the general meeting. The syndicate council promotes communication between co-owners and brings its expertise to the management of the building.

Choosing a competent trustee

The trustee is the legal representative of the condominium and ensures the administrative and financial management of the building. It is important to choose a competent and reliable trustee who respects the provisions of the regulations and works in collaboration with the co-owners.

Resolve conflicts amicably

In the event of a conflict between the co-owners, it is recommended to seek an amicable solution, by promoting dialogue and negotiation. If the conflict persists, it is possible to use a mediator or a conciliator.

Conclusion

The condominium regulations are an essential document for the harmonious management of a condominium building. It makes it possible to define the rights and obligations of co-owners, to regulate the relationships between them and to organize the management of the building. For the peaceful management of the condominium, it is recommended to respect the provisions of the regulations, to promote communication between the co-owners, to elect a competent trade union council and to choose a reliable and collaborative trustee.