In a condominium, if certain works are allowed, others request the approval of the general meeting of co -owners.
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M'abonnerAuthorized work
Rest assured, the decoration, the color of the walls of the apartment, the installation of an equipped kitchen, the installation of cupboards and the repair of the electrical system are left to the choice of.Certain more important works are also allowed: each co -owner can thus modify the layout of the rooms of his apartment, install separative partitions to increase the number without authorization from the general meeting of co -owners.
The work subject to authorization
Les travaux qui modifient la façade ou qui affectent les parties communes(couloirs, cours, jardins).In one way or another, you must obtain a prior authorization from the general meeting of co-owners to an absolute majority of article 25 of law n ° 65-557 of July 10, 1965 (with the possibility of aSecond simple majority vote in article 24).Here are some of the changes subject to authorization, even if it is not very big work: a change of shutters, the installation of a blind while the other apartments are not equipped, the paintinga landing door of a different color, etc..
The instructions.If you find that work is being carried out without authorization, contact the trustee, if possible in writing, as well as the union council of the building.If nothing changes, ask by mail, by registered mail, that the question be debated as a general meeting and, if necessary, that an authorization be voted to start a legal proceedings against the owner at fault.
Les raccords sur les réseaux.These are additional connections on common networks, such as wastewater drain pipes, water supply pipes, ventilation ducts, or even vacuum sheaths.In general, any intervention on the common elements of the building is subject to authorization.
The instructions.Have the disorders see by a craftsman to see what it is and, if necessary, by a bailiff.Put this problem on the agenda of the next general assembly, always by registered mail.If there is an emergency, notify the trustee so that it acts in summary proceedings.
L'annexion de parties communes.A piece of corridor recovered, an old lodge connected to an apartment or even a veranda built on the court are part of the work subject to authorization.
The instructions.Contact the trustee in writing and suggest to your neighbor to buy the common part after a general meeting decision.Please note, the procedure is a bit long because it is necessary to have the common part in question must be assessed by a real estate agent and provide a modification of the co -ownership regulations!
Les travaux susceptibles de créer des nuisances.If you want to replace the carpet with parquet or tiles, it is possible.But it must not create acoustic nuisance in the neighbor below.The Paris Court of Appeal judged that the installation of a sink and a water point as well as the installation of a tiles instead of a carpet were sources of nuisance.According to the court, these arrangements changed the initial destination of the room and made it a wet room.The co -owner was ordered to put the premises as it is.
Tout ce qui remet en cause la structure de l’immeuble.These works are subject provided.The co -owners may require, for example, that an architect mandated by the condominium, which is called the architect of the building, monitors the site.
Installation of antennas and parables: a special case
There is a right to the antenna established by the law of July 2, 1966.Except in cases of force majeure, the general assembly cannot refuse a resident of the building to lay his antenna or parable in a place that is not annoying for anyone, on the roof for example, unless itInstall a collective system.If a co -owner makes the registered mail request with acknowledgment of receipt, the condominium, through his trustee, must decide.Without response before three months, the co -owner can put his antenna.Please note, parables on the front, are generally prohibited in the co -ownership regulations.They constitute a modification of the facade.
Creation of a duplex
You bought two separate apartments one above the other and you want to bring them together to make them a duplex.Start by reading your co -ownership regulations.If you create an interior staircase in a private part, you can, without authorization, have the floor pierced to connect the two apartments.On the other hand, if it is a common part, you will have to request the agreement of the co -ownership.In which case do you find yourself?If you have any doubts, make an appointment with the trustee.A lawyer or a notary can also inform you.
L'avis d'expert: Éric Audineau, avocat à Paris
""Si l’assemblée générale ne donne pas d’autorisation mais que le copropriétaire passe outre, attention ! En effet, l’assemblée générale peut ensuite voter la poursuite en justice du copropriétaire qui a réalisé les travaux.Justice can then impose on him to put the premises in the state by fixing a penalty, that is to say a sum of money which he will have to pay as long as he will not be executed.Also note that if a co -owner requests an authorization before doing work and the meeting refuses it, this co -owner may seize justice under article 30 of the law of July 10, 1965, and ask the tribunal de grande instanceto authorize the work.On the other hand, if a co -owner requests an authorization after having carried out the work, the court cannot grant it and the general meeting may require the delivery of the premises in their initial state.""
