Condominium Ownership: Everything You Need to Know About the Rules

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Governed by law, condominium ownership facilitates the allocation of rights and responsibilities but also requires compliance with collective rules. 

Condominium Ownership: Everything You Need to Know to Effectively Manage or Purchase a Unit in a Condominium Building

Our real estate agency in Paris's 16th arrondissement presents the key points you need to know to understand, purchase, or manage a condominium.

What is a condominium?

Co-ownership refers to the legal situation in which a building is divided among several owners. Each co-owner owns a private unit (their apartment, basement, or garage) and a share of the common areas (lobby, stairwell, roof, elevator, courtyard, etc.).

What are the condominium rules, and why are they essential?

The condominium bylaws is a mandatory document that sets out the rules for living in the building. It specifies:

  • The division of private and common areas;
  • The building's intended use (residential, mixed-use, office);
  • The rights and responsibilities of co-owners;
  • The methods for calculating expenses.

This document is binding on all co-owners and their tenants. When purchasing a condominium, it is essential to read it carefully to avoid any unpleasant surprises (restrictions on use, prohibited renovations, specific rules regarding pets or rentals).

Who are the key players in a condominium?

A condominium relies on the involvement of several parties:

  • L’Annual General Meeting (AGM) : composed of all the co-owners, it votes on decisions;
  • The condominium manager: whether a professional or a volunteer, he or she administers the building, manages its finances, oversees construction projects, and ensures compliance with the rules;
  • The homeowners' association board: composed of elected co-owners, it assists and oversees the property manager.

Co-owners: individually responsible for their private areas and collectively responsible for the building.

What are the rights and obligations of co-owners?

Each co-owner naturally has the right to freely use their unit—whether it is an apartment, a storage unit, or a garage—provided that such use does not interfere with other occupants or affect the common areas. They may also attend general meetings, participate in votes, and, in certain cases, challenge a decision that they believe is unfair or contrary to the rules.

In return, co-ownership entails specific obligations. Co-owners must pay their maintenance fees regularly to contribute to the upkeep and proper functioning of the building. They are also required to comply with the co-ownership bylaws, which establish the rules for communal living and the use of private and common areas. 

Finally, everyone must take care to maintain their home to avoid causing nuisances or damage that could harm the community.

How are decisions made in a condominium?

Life in a condominium is based on collective decisions made at the general meeting. All co-owners—whether they are present, represented, or have voted by mail—participate in this process. Voting may take place by a show of hands or in writing, so that participants can be clearly identified and their votes tallied.

Each co-owner has a number of votes proportional to the value of their unit in the building. This value is expressed in tenths or thousandths: the larger the share held in the condominium, the greater the number of votes.

What are the condominium fees, and how are they allocated?

The condominium fees cover the building's maintenance, management, and common area services. These include:

  • Common expenses: These include, in particular, the maintenance and cleaning of common areas such as hallways, stairwells, and the roof, as well as the property manager’s fees and the building’s collective insurance. Each co-owner contributes to these expenses based on the share of the common expenses associated with their unit;
  • Special expenses: These are related to common facilities such as the elevator, central heating, or a shared garden. These costs are allocated based on the benefit each co-owner derives from these services: for example, a ground-floor apartment will pay less for elevator maintenance than a top-floor unit.

What types of work can be done in a condominium?

In a condominium, any work involving common areas must be approved by a vote at a general meeting and funded collectively. This may include routine maintenance, repairs, energy-efficiency upgrades, improvements to safety or accessibility, as well as cosmetic work or work to bring the property up to code.

Since January 2023, condominium associations with more than 200 units have also been required to develop a Multi-Year Work Plan (PPT) to plan for future renovations, particularly those related to energy efficiency.

What are the legal requirements that apply to condominiums?

Condominium associations must comply with certain legal obligations, such as:

  • Maintain specific accounting records;
  • Establish a mandatory repair fund (ALUR Act);
  • Conduct certain technical inspections (DTG);
  • Insure the building against risks.

What financial assistance is available for condominium associations?

To help offset the cost of the work, several options are available:

  • MaPrimeRénov’ for Condominiums for Energy-Efficiency Renovations;
  • Collective zero-interest eco-loan;
  • Financial assistance from the National Housing Agency (ANAH);
  • Local or regional grants.

What are some common issues in condominiums?

Condominium associations may face a variety of challenges:

  • Unpaid service charges;
  • Neighbor disputes;
  • Disagreements regarding the performance of work;
  • Vandalism and lack of maintenance.

Mediation and the role of the property manager are essential to preventing and resolving these disputes.

What are the unique characteristics of small condominium complexes?

Small condominium complexes, which generally consist of fewer than ten units, operate differently from larger complexes. Maintenance fees are often lower because the building has few common amenities. 

However, these costs are shared among a small number of co-owners, which can quickly increase each person’s share in the event of unexpected expenses or major repairs. Management is sometimes more flexible in these cases, as some small condominium associations choose to forgo a professional property manager in favor of a volunteer-run organization. 

This apparent simplicity can, however, become a problem if disagreements arise or if one of the co-owners fails to pay their dues, since the financial stability of the building depends on just a few participants.

How can our CENTURY 21 Auteuil and Auteuil Seine offices help you?

Buying or managing a condominium requires a solid understanding of its rules and obligations. Our CENTURY 21 Auteuil Immobilier and Auteuil Seine offices, located in Paris’s 16th arrondissement, will guide you through every step of the process.

Please feel free to contact our two real estate agencies, CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine, by phone at 0142151621 or 0156071621, or by email: auteuil@century21.fr  or auteuilseine@century21.fr.

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