If you're considering acquiring a condo, you may find it difficult to choose your neighbors, but at the very least, you can carefully read the condominium declaration or have it read by your lawyer to become aware of your rights and obligations.
Life in a "condo" can be quite pleasant, but it can also be a source of inconvenience. A co-owner can have cordial relationships with some of their neighbors, have polite but more distant contact with other co-owners. However, they can't always avoid troublemakers.
Thus, a buyer, before purchasing their condo from a developer, agrees with the developer that a shed for storing their garden furniture will be installed on their terrace. The buyer, after ensuring with their notary that the declaration of co-ownership allowed for the installation of such a shed, chooses a shed whose design harmonizes with the building. A few days after the installation of the shed, a co-owner complains to the condominium association. Six months pass and the association files an injunction* to order the buyer to demolish their shed. The association argues that "there has been a change in the use of the building and that the co-ownership regulations state that a co-owner "cannot change the appearance or consistency" of a balcony or terrace.
The Court is of the opinion that "the installation of a shed to store furniture differently arranged on the terrace does not in any way alter the use of the building" and that the modifications are not of a structural nature. Furthermore, contrary to the claims of the association stating that "everything that is not allowed is prohibited", the Court concludes that each co-owner has the free enjoyment of their property and applies the following principle: "everything that is not prohibited is allowed". The Court therefore dismisses the association's request and states "that the shed does not contravene the declaration of co-ownership or the building regulations."
If you are thinking of acquiring a "condo", you can hardly choose your neighbors, but you can at least carefully read the declaration of co-ownership, or have it read by your notary, and thus become aware of your rights and obligations.
*C.S. 505-17-002121-053
