With more than 40 degrees in early August, Carine has a bad memory of the summer of 2024 in her native Basque country. This is why, during thegeneral meeting (AG) of its condominiumin March 2025, she requested authorization to install a blind on his balcony. Carine did things well, by sending her draft resolution to trustee Several weeks before the sending of invitations to the GA, so that it can integrate it into the agenda, as stipulated in article 25 b) of the law of July 10, 1965 fixing the status of the condominium of built buildings.
A proposal for a resolution which she carefully written and documented, so that the other co -owners can decide in an enlightened manner. Las! They opposed him a end of inadmissibilityon the grounds that the blind would harm the harmony of the facade of their Bayonnais building, typical of the Basque Country. “How challenge This AG decision? “requests Carine, whose show is exposed to south, in the program Le Grand Rendez-vous de l’Emal du Real estate (Capital/Radio Immo).
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Two months to challenge the AG decision
Lawyer in Paris, Manuel Raison advises Carine to try to know if “Similar authorizations have already been given by co -ownership”. Not necessarily for the installation of blinds because they would have jumped in Carine’s eyes but, for example, for the creation of a ventilation system requiring to pierce the facade of the building to lay a ventilation grid. If such an installation has been authorized while, like the blind, it harms the aesthetics of the building, Carine will be able to bring a Recourse in abuse of law against the refusal of the GA.
It has a period of two monthsfrom the reception of the AG report, to assign the condominium to justice, indicates Manuel Reason. If she prefers, “Carine can directly request, with a judge, the authorization to carry out the desired work”adds the lawyer, specifying that it has in this case much longer delay, of five years, to make such a request. At the same time, she may request the payment, by co -ownership, damages linked to his refusal to allow him to install a blind.
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Always in an attempt to challenge the refusal of the work, Carine must carefully examine the decision of the GA, in order to detect a possible intention to harm him or serve the interests of some co -owners and not all. Finally, if it was certain that the installation of the blind does not affect the destination (housing) of the building, neither his aesthetics nor to the rights of other co -owners, it could, again, assert before the courts an abuse of law. Difficult in this case because it is indeed a problem of aesthetics of the blind which is at the origin of the refusal of the GA.
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