A co-ownership consists of common areas to all co-owners and private spaces. Back here on the common areas to all co-owners said common areas.
How are the common parts of a condominium defined?
The common parts of a condominium, buildings and / or land, are the spaces allocated to the use and utility of all co-owners. It can be equipment, spaces or works. There are general common areas, such as the grounds of the co-ownership, special common areas namely a set of common areas assigned to a number of co-owners (example: in the context of a condominium consisting of several buildings, the equipment of a single building is considered as a special common part).
Each co-owner has a share common areas. This share is proportional to the value of the lot of each co-owner on the overall value of the co-ownership. This share of the common parts is used in particular in the framework of the distribution and the contribution to the expenses of the building. It also allows each co-owner to have a number of votes at general meetings.
To note: the co-ownership regulations may grant exclusive right of enjoyment of a common part to a single co-owner. It may be for example an accessible garden of an apartment or a terrace accessible only from the ground floor. It is in no way a private part, this space remains a common part whose rights of use are limited.
What are these common parts?
The common parts of a co-ownership are listed in article 3 of the law of July 10, 1965. They include, except in case of contrary indication in the regulation of co-ownership,
- yards, parks and gardens,
- the access routes,
- the structural work of buildings, such as foundations and load-bearing walls,
- the premises of the common services,
- chests, ducts and chimney heads,
- passages, halls, stairs, corridors,
- the facilities of the common areas such as the elevator, digicode, etc.
The co-ownership regulation may however consider some of these elements as private.