Work that goes beyond the mere restoration or upgrading of the common portions of the immovable. They lead to a substantial modification of the common portions; this would be the case for the development of new common areas or for the substitution of one mode of heating for another. This work must:
Il s’agit d’une question qui est souvent posée par la Cour lorsqu’un copropriétaire poursuit son vendeur pour des vices affectant les parties communes. En fait, le copropriétaire réclame alors de son vendeur le remboursement des cotisations spéciales qu’il a payées au syndicat pour qu’il exécute les travaux correctifs aux parties communes.
As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.
The resolutions of the General Meeting of the co-owners require complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law imposes three levels of majority: absolute, enhanced and double majority, depending on the importance of the decision to be taken.