Co-owner obligations: What you need to know
Co-ownership is a form of real estate organization that implies both rights and obligations for each lot owner. While co-ownership is often advantageous, it also requires compliance with precise rules defined by law and the co-ownership by-laws. What are these obligations? What are the risks of non-compliance? This article reviews the main responsibilities of co-owners.
1. The obligation to pay condominium charges
One of the fundamental obligations of the co-owner is to contribute financially to the co-ownership charges. These charges cover the upkeep, conservation and administration of the common areas, as well as the costs of collective services (janitor, elevator, collective heating, etc.).
How are expenses distributed?
Expenses are divided among co-owners according to :
- The co-ownership tantièmes (or thousandths) indicated in the co-ownership regulations, which reflect the share of each lot in the property.
- The nature of the charges: some general charges concern all co-owners (e.g. maintenance of common areas), while others are apportioned according to the usefulness to each lot (e.g. elevator, collective heating).
Consequences of non-payment
Condominium owners who fail to pay their service charges are liable to prosecution. The syndic can :
- Issue a formal notice.
- Initiate collection proceedings in the legal courts.
- Seize property as a last resort.
2. The obligation to comply with condominium bylaws
The condominium bylaws set the rules applicable to all co-owners. In particular, they determine :
- Rights and obligations relating to common and private areas.
- Use of common property (e.g. interior courtyard, elevator, bicycle room).
- Any restrictions (e.g. prohibition on exercising a professional activity).
Penalties for non-compliance
The syndic or a co-owner can take legal action to enforce compliance with the bylaws and obtain the cessation of a disturbance (e.g. noise pollution, unauthorized work). Damages may also be claimed.
3. The obligation not to damage common areas and the building
A co-owner cannot modify the common areas without the approval of the general assembly. This includes :
- Facades (e.g. changing windows, installing blinds or air conditioners).
- Common roofs and terraces.
- Shared staircases and corridors.
In the event of non-compliance, the condominium owner can ask for the property to be restored and obtain compensation through the courts.
4. The obligation to insure your home
Each co-owner must take out home insurance covering at least civil liability for damage to neighbors or common areas (e.g. water damage, fire).
The absence of insurance can lead to personal liability in the event of a claim.
5. Obligation to carry out certain mandatory work
A co-owner is obliged to carry out certain work required by law, in particular :
- Compliance work (e.g. electrical upgrades).
- Conservation work (e.g. repairing a private roof).
- Accessibility work if the building is subject to certain legal obligations.
Failure to comply may result in administrative and legal penalties.
6. The obligation not to cause disturbance to other co-owners
Co-owners must take care not to disturb the peace and quiet of the building. Among the most frequent disturbances are
- Noise pollution (loud music, noisy work outside authorized hours).
- Odour nuisance (e.g. barbecue on balcony).
- Clutter in common areas (e.g. storage of objects in corridors).
Sanctions may be applied in the event of abuse (formal notice, legal action).
7. The obligation to participate in the life of the condominium
Each co-owner must contribute to the smooth running of the co-ownership by :
- Participating in general meetings (even if attendance is not compulsory, decisions taken are binding on all).
- Respecting the decisions voted (even if he voted against).
- Communicating with the syndic when necessary (e.g., reporting a problem requiring intervention).
Not getting involved can have consequences, such as implementing decisions that are not in your best interests.
8. Penalties for non-compliance
If a co-owner does not respect his obligations, several actions can be taken:
- Reminders and formal notices from the managing agent.
- Legal action in court to enforce obligations.
- Financial penalties, such as late payment penalties on unpaid charges.
- Seizure of real estate, as a last resort, in the event of serious non-payment.
Compliance with the rules is essential to ensure harmonious cohabitation and preserve the value of our real estate assets.
Conclusion
Being a co-owner means more than just owning a property: it also implies specific responsibilities towards the co-ownership and other residents. Payment of charges, compliance with the rules, maintenance of the property and participation in collective management are essential obligations. In the event of non-compliance, sanctions can be applied, up to and including seizure of the property.
Knowing your obligations not only helps you avoid conflicts, but also enhances the value of your investment and helps you live in harmony with your neighbors. If you have any questions, don't hesitate to consult a condominium manager or a lawyer specializing in condominium law.
