Painting in condominiums

Painting in condominiums

"I'm the owner of a villa that forms part of a development of four houses on a single-storey plot. When I came back from holiday, I noticed that one of my neighbours had painted the front of her house a different colour from the others.

Does she have the right?"

Widely used by families to acquire their own home, ownership of a property by storey is a form of co-ownership, i.e. ownership of a property by several people. The deed of incorporation, i.e. the legal act under which registration is required, is only valid if it is executed in notarial form, i.e. before a notary. However, condominium ownership is only established once it has been entered in the land register. The units of ownership are indicated in hundredths or thousandths of the value of the property. Thereafter, these shares may only be changed with the consent of all those directly concerned and the approval of the general meeting of co-owners, unless the share of a co-owner has been incorrectly set by mistake or becomes incorrect as a result of changes to the building. The owner in question is then entitled to request rectification.

In most cases, multi-storey property consists of one floor, part of a floor divided into flats, or a house on a housing estate, such as yours. Each owner has the exclusive right to manage, use and develop the interior of his or her premises. In doing so, they must not restrict the exercise of the rights of the other co-owners, damage the common parts, works and installations of the building, hinder their use or alter the external appearance of the building without the agreement of the other co-owners, a decision that must be voted on at the co-owners' meeting. Moreover, each owner must ensure that his or her premises are maintained in such a way as to keep the building in perfect condition and appearance.

With regard to the common parts, works and installations, each co-owner is required, according to the value of his share, to contribute to the charges and costs relating thereto, such as the expenses required for their routine maintenance, repair and restoration. They must also contribute to administrative costs.

This means that your neighbour has the exclusive right to use and develop the interior of her house, but cannot under any circumstances unilaterally alter its exterior appearance. You can therefore apply to the co-owners' meeting to have a decision taken against your neighbour. Note that your co-ownership's rules of administration and use may contain other provisions.