Condominiums: What You Need to Know Before Starting Renovation Work

Patios, pergolas, green spaces… In condominium complexes, many improvements require a vote at a general meeting, even for areas designated for private use. Here’s a reminder of the rules, the required majorities, and the available remedies.
 

Exclusive use does not mean private area: a costly misunderstanding
This is one of the most common and costly misunderstandings in condominium ownership: having exclusive use of a terrace, balcony, or garden does not mean that it is a private area in the legal sense of the term. The distinction is fundamental. A terrace may legally be a common area whose use is assigned on a private basis to a co-owner. And this classification has very concrete consequences: any work affecting the common areas or altering the exterior appearance of the building may only be undertaken after a prior vote at a general meeting of co-owners.
 

The type of majority required depends on the nature of the proposed work. For minor modifications that do not involve an increase in the building’s footprint, a simple majority under Article 24 is sufficient. On the other hand, larger-scale improvements—such as installing a sunroom or pergola, or creating a new opening—require the double majority specified in Article 26, that is, two-thirds of the votes of all co-owners. Before taking any action, it is therefore essential to verify the legal classification of the unit in question with the property manager and to carefully review the condominium bylaws, which specify the division between private and common areas.
 

A practical tip for co-owners: even if you are certain that the space in question is private, it is best to include the project on the agenda for the next general meeting, along with detailed estimates and plans prepared by a professional. This transparent approach provides legal safeguards for the project, prevents future neighborhood disputes, and demonstrates a respectful attitude toward the building’s community life. The co-ownership bylaws exist to protect the building’s aesthetic appeal and prevent abuses. It’s better to comply with them from the outset than to have to justify your actions later on.
 

Unauthorized Construction Work: Available Remedies and Potential Penalties
When a co-owner carries out construction work without obtaining the required authorization from the general meeting, several options are available to the other co-owners and the homeowners’ association. The first is an amicable approach: a direct discussion with the co-owner in question or a registered letter with return receipt requested can help open a dialogue, understand the exact nature of the work being undertaken, and verify any authorizations that may have been obtained. The property manager may then intervene by issuing a formal notice to cease the work or to require the co-owner to submit a request for approval at the next general meeting.
 

If negotiations fail and the co-owner refuses to comply with the rules, legal action remains the last resort. The property manager, acting on behalf of the owners’ association, may file a lawsuit. A judge has the authority to order the demolition of the structure and the restoration of the property to its original condition, along with, if necessary, a daily penalty if the restoration is not completed within the specified time frame, or damages if the judge determines that harm has been caused to the other co-owners.
 

However, the decision depends on the severity of the situation: if the structure does not cause proven harm to other residents, the judge may decide to leave it as is. Case law shows that courts favor a proportionate approach: demolition is ordered only when the damage to common areas or the building’s exterior appearance is clearly established. In some cases, the judge may even retroactively authorize the structure to remain in place, provided that compensation is paid to the affected co-owners. 

This balance between strict legal requirements and pragmatism is something your clients must keep in mind, whether they are the ones undertaking the work or the ones challenging it. In any case, prevention remains the best strategy: a project that is well presented at a general meeting, supported by solid technical documentation, has every chance of being approved and of avoiding lengthy and costly legal proceedings for all parties involved.