The facade walls of a condominium building are generally common areas: all the condominiums (called the
joint owners' union
) is responsible for it. However, the rules of the condominium may define the windows as private parts of the apartment that they illuminate. In this case, the owner is responsible. This is recalled by the Court of Cassation in a judgment of 10 September 2020.
A co-owner decides to settle additional windows in his apartment. He obtained the agreement of the other co-owners to modify the exterior appearance of the facade of the building. But the wall on which it creates the openings is at the property limit. The window shelves even overlook the neighboring grounds. However, the Civil Code provides for a minimum distance between the wall where the openings are made and the property limit.
On this note, the neighbor is taking the co-owners' union to court. It calls for the deletion of direct views created and the award of damages.
The Court of Appeal noted that even if the work at issue affected the facade wall and the roof, which were common parts, the condominium regulation stated that the windows and dormer windows were private parts. The legal action must therefore be directed against the owner of the latter and not against the syndicate of co-owners.
On appeal, the Court of Cassation upheld the decision, dismissing the appeal.
