Co-ownership Charges Dispute

Extract

[...] On the other hand, the private parts of the co-ownership are the building parts and land reserved for the exclusive use of a co-owner or several co-owners strictly defined by the co-ownership regulation itself, depriving other co-owners of the possibility of using them. If the law provides a non-exhaustive and non-mandatory list of the nature of the parts of a co-ownership, the parts are nonetheless directly defined within the co-ownership regulation. Question 1. The concerned element is here a private balcony. The co-ownership regulation indicates that 'balconies and private terraces for exclusive use are private parts', it is therefore a private part. 2. The dispute concerns a pipe, and the co-ownership regulation states that 'main pipes are common parts'. [...]

[...] For the rules of majority, it will be necessary to refer to the co-ownership regulation. 3. The electrical panel is a private part for the use of different co-owners and nothing seems to be provided in the co-ownership regulation regarding the voting modalities or majority on this subject. It is therefore possible to validly think that the authorization is subject to the unanimous and exclusive agreement of the co-owners who use it. Case No. In this case, a co-owner who owns a private lot for residential use located in building A disputes the payment of the syndic's fees listed on her charge notice because they do not only concern her building, but also building B. [...]

[...] As it concerns a private part, everything will be at the expense of the co-owner who owns lot number 12. 2. Since it concerns a common part, the syndic of the co-owners, in his capacity as representative of all co-owners, will be responsible and will have to assume the charge of repairs. It is possible that the financial burden will be subsequently transferred to the co-owners in the form of special assessments. 3. Considering that it concerns a private part, the maintenance, responsibility, and repair of the electrical panel will be the responsibility of the co-owners who benefit from it. [...]

[...] Therefore, Can a co-owner be held by a charge notice that does not only concern the building to which his lot belongs? Regarding the condominium bylaws established in 2025, the syndic's fees are explicitly defined as general charges that are distributed among all co-owners because they concern the entire immovable property in its entirety: each co-owner is therefore held to pay in proportion to the shares they own within the condominium. As a result, since it is a general charge, the co-owner will be held to pay the syndic's fees, but exclusively to the extent of the proportion corresponding to the shares they hold, which will be explicitly determined under the designation of lot number which belongs to them, within the condominium bylaws. [...]

[...] The disputed electrical panel is not explicitly mentioned in the co-ownership regulation. Inasmuch as it is explicitly stated that this panel only serves certain co-owners of private parking spaces, considering the criterion of use, it must be considered that it is a private part for exclusive use of the aforementioned co-owners. Question Regarding common parts, as previously mentioned, it is a share of the property and use that belongs to all co-owners. Consequently, the charges and responsibility for the use and maintenance of these common parts belong to all co-owners. [...]