Common part reserved for the exclusive use of a co-owner (private right of use)

In principle, the common areas are used collectively. However, in certain cases, exclusive use of certain common areas may be assigned to the exclusive use or utility of a co-ownership lot .

In practice, this exclusive use concerns certain common areas adjacent to a lot (for example, balcony, terrace, garden, courtyard, attic, corridor).

The use of a common part for the exclusive use of a co-owner is not a property right but a simple right of use. The common part for the exclusive use of a co-owner therefore retains its nature and its qualification as a common part.

The exclusive use of a common part is provided for either within the co-ownership rulesor by a decision taken at a general meeting.

The double majority (said majority of article 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.

If this majority is difficult to obtain, it is possible to make a 2^nd simpler majority voting. That's what we call the double majority. So that this 2^nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by a majority called Article 25 (easier to obtain).

The exclusive use of a common part shall be in accordance with destination of the building (for example, a garden cannot be turned into a parking lot). Nor should it infringe the rights of other co-owners (e.g. nuisance for the neighborhood).

Some small installations are possible without the permission of the co-owners (e.g. putting on flowerboxes, garden furniture, barbecue if allowed by the co-ownership regulation). On the other hand, the carrying out of works always requires the agreement of the other co-owners (the majority required to carry out these works varies according to the scale of the works envisaged).

For example, the absolute majority (called majority of article 25) is required if the work affects the common areas or their external appearance. This is the case in particular for the following installations:

• Garden shelter (including leaning shelters, i.e. shelter against a wall)
• Terrace cover
• Pergola
• Installation of a camera. The installation must be limited to the common part for private use. The syndicate of the co-owners, represented by the liquidator, may check the correct maintenance of the common areas including those of private use. For this purpose, the trustee can visit the premises. The co-owner who has settled this device should inform the trustee beforehand of the presence of this equipment, of its purpose (for example, securing the home) and of the possibility that its image is captured.

The absolute majority (said majority of article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).

If the decision has received at least of the votes, it may be the subject of a 2^nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

The double majority (said majority of article 26) is required if the work radically modifies the common areas. This is the case, for example, with permanent buildings (creation of verandas or terraces).

The double majority (said majority of article 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.

If this majority is difficult to obtain, it is possible to make a 2^nd simpler majority voting. That's what we call the double majority. So that this 2^nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by a majority called Article 25 (easier to obtain).

Yeah. Yeah. The liquidator must, however, inform the co-owner concerned within a reasonable time (unless urgent for imperative reasons of security or preservation of property).

The co-owner must give his consent so that the craftsmen in charge of the works can access the place concerned.

The co-ownership regulation may charge the beneficiary of the exclusive right for specific maintenance costs (e.g. lawn care).

On the other hand, the expenses relating to the building's main structure (waterproofing work for a rooftop terrace for private use, for example) are paid by all the co-owners.

The exclusive use of a common part included in the co-ownership regulation may be called into question in the context of a vote in a general meeting. However, the agreement of the owner concerned must be obtained.