The barbecue is undoubtedly the most difficult piece of equipment in a shared ownership. The reason? The odors and smoke it gives off are potentially difficult for nearby neighbors to bear. “ From the moment there is a firm and definitive ban, particularly on the presence of gas barbecues, it is not not possible to go backunless the co-ownership regulations are modified, which is not so obvious from a legal point of view », explains Julien Leclere, lawyer at Matera. Knowing that some were written during the 50s or 60s, at a time when barbecues were not widespread.
If the co-ownership regulations say nothing, the trustee cannot impose a unilateral and permanent ban. It will then have to rely on the notion of nuisance: is the nuisance recurrent? Does it concern several co-owners? If so, the trustee can intervene in the name of respecting the enjoyment of the private areas, by inviting the co-owner concerned to find a solution. Note that prefectural decrees may prohibit their use in certain risk areas to avoid fires. In this case, the law always takes precedence over the internal regulations.
Swimming pool and hanging laundry
In fact, an above-ground swimming pool does not require declaration to the town hall as long as it is dismantled for more than three months per year or the pool is less than ten square meters. But in co-ownership, this legal freedom is not always enough. “ It is estimated that since there is a external impact on the co-ownershipit is always better to have it voted on in a general meeting to protect yourself in the event of a problem », says Julien Leclere. The central question is that of load capacity of structures : can a terrace or balcony support the weight of the installation? If an expert concludes that there is a risk for the structural work or waterproofing, the trustee has the right to refuse. “ There is indeed a right of way to be respected and a lift not to be exceeded », adds Benoît Robillard, CEO of Ma Négo.
Hanging laundry in the window or on a balcony is one of the practices most commonly regulated by co-ownership regulations. The reason given is almost always the same: preservation of the aesthetic harmony of the building. “ As long as it is specified in the co-ownership regulations, this is sufficient as a legal basis to justify either an outright ban or a request for withdrawal. », specifies the lawyer. There will be more flexibility for installation on a balcony which cannot be seen from the street for example.
Anticipate rather than endure
Cabins, pergolas and plants are installations that seem innocuous but they can have a impact on exterior appearance of the co-ownership as well. Good practice would be to submit the project to the vote of the general assembly before launching, even if it means involving a service provider to assess the technical feasibility, a good way to protect yourself from a later dispute. “ In fact, co-ownership cannot prohibit everythingsummarizes Benoît Robillard. She must frame intelligently. »
Beyond summer equipment,other facilities are increasingly the subject of debate in general meetings: air conditioners, charging stations for electric cars and especially furnished tourist rentals such as Airbnb. For all these subjects, the rule is the same: they must be put to a vote, and the co-ownership regulations may provide specific provisions governing or prohibiting them.
In case of dispute
The trustee generally begins with contact to try to resolve the situation amicably. If this is not enough, a formal notice is sent, with a period of fifteen days to one month to regularize. “ In case of emergency, for a security risk in particulardetails Julien Leclere, the trustee can act without waiting for the general meeting via a summary action. In other cases, it is the assembly which votes authorization to take legal action “. Possible remedies include forced removal of the facility and damages to cover attorneys’ fees.
