The recognised right to maintain a construction or use in compliance before the coming into force of a new law or regulation. Thus, despite the the new legal framework prohibiting what was once permitted, the construction or use does not become derogatory, because of the existence of an acquired right. This right is attached to the property and not to the owner. In addition, there may be forfeiture or loss of acquired rights for various causes such as a change of use, non-use or partial or total destruction of the immovable.
Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not object to such work.
Questions: Can the new board of directors ask him to restore the premises? Does the concept of vested right acquired by tolerance exist in co-ownership?
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