Who pays for new windows?

Who pays for new windows?

"In a condominium complex in Valais, some co-owners have decided to replace windows that are over 30 years old. Should these changes be covered by the renovation fund? The renovation fund does not currently have the funds available to change all the windows, and the operation would cost around CHF 130,000. 

Daniel, Aïre

Each co-owner of the PPE must bear two types of costs. On the one hand, his private costs directly related to his lot and, on the other hand, the share of costs due to the community. The renovation fund is a provision intended, by law, to finance future repairs or improvements to the building's communal areas. It is not compulsory, as the law only gives the option of creating it to the general meeting of co-owners, who will decide, by a simple majority, on the amount of the owners' contributions. In practice, for obvious reasons of guarantee and security, the renovation fund has become the rule. Funded by payments from the owners, it constitutes an asset that belongs directly to the community. This capital will make it possible to meet the costs of major renovation work without having to call on foreign funds.

As far as costs are concerned, the costs of renovating parts of the building belonging to all the owners will be borne by the fund set up, while those of private parts will in principle be borne solely by the owner. This distinction between private and common areas is qualified when it comes to private areas that are visible from the outside, such as windows, which have a special status. They are only available to their owners to a limited extent. The choice of the type of new windows will have to be put to a vote at the meeting because of their importance to the external appearance of the building. To find out the status of your windows, consult the administration regulations for your PPE. If it doesn't say anything, you should conclude that the windows are private parts, which means that the renovation fund is not supposed to bear these costs. Please note that the renovation fund can only be allocated to other items if the co-owners unanimously agree.

Lastly, if you do not wish the PPE renovation fund to be used for these works, you have a right of veto in principle by virtue of your status as co-owner, but this does not relieve you of your obligation to maintain the premises in such a way as to keep the building in an irreproachable state and appearance (art. 712 para. 3 CC).