I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children.
Question: Can our syndicate compel these smokers to install an air freshener in their apartment?
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Co-ownership directors can be required to enter a co-owner’s the private portion. In such cases. the latter should cooperate. Although he as the complete use and enjoyment of his private portion, and no one can infringe upon his fundamental right, he must nevertheless allow access in certain circumstances. More particularly when the syndicate needs to carry out urgent or preservation work to ensure the conservation of the immovable.