Rights and duties of a condominium owner.

Living in a condominium requires compliance with a series of rules, from those contained in the condominium regulations to those resulting from the law.

Condominium owners enjoy various rights but are also bound by certain duties. In both cases, the law is very clear: these rules must be respected. Here are some of the most important ones to remember or learn about.
 

Condominium owners' rights

With regard to rights, we can highlight the following:
 
1- Right to participate in meetings or appoint a proxy;
Condominium owners have the right to participate in condominium meetings and decision-making. However, it is not always possible to do so, for example, due to professional or health reasons. In such situations, so that the ‘absent’ condominium owner is not at the mercy of the others, they may be represented by a proxy, who may be a family member, neighbor, or the administrator themselves, for example.

2- Right to use the common areas, in accordance with their purpose;
The law determines the right of all co-owners to use the common areas of the building. There is one exception to this rule. If the Title Deed of the Horizontal Property so determines, a common area may be assigned exclusively to a single co-owner, who alone has the right to use it. An example of this is roof terraces.

3- Right to join and carry out certain improvement works on the unit;
For example, if a co-owner decides to join the adjoining unit they have recently purchased, they may do so without requesting authorization from the condominium (provided that they are adjoining, i.e., side by side or one above the other). They may also carry out other types of work on the unit, such as painting, changing tiles, installing new flooring or kitchen, etc.

4- Right to install access ramps or lifting platforms without the need for authorization;
The building must be accessible to everyone, especially those with limited mobility. In this sense, condominium owners have the right, without needing authorization from the condominium, to have access ramps installed or lifting platforms placed, so that they or a member of their household has full mobility. These works are the responsibility of the condominium owner who needs them.

5- Right to exemption from payment of a certain common expense;
Let's imagine that the condominium owner who lives on the ground floor of a building with an elevator never uses it because they have no need to. In this case, they may be exempt from paying for its maintenance. However, the same does not apply if there is a possibility of using the aforementioned equipment, for example, to access a storage room located in the attic. The law is clear in this regard: it defines the possibility of service as a criterion for exemption.


The ‘other side of the coin’: duties to be fulfilled
 
The obligations of condominium owners are equally important and often not always known to everyone. With regard to duties, we can highlight:

1-The duty to contribute to the condominium expenses, as a general rule, in proportion to the value of their fraction (payment of quotas) as well as to the Common Reserve Fund;
As a general rule, all condominium owners must pay their condominium fees on time and in accordance with the proportion of the value of their unit, unless otherwise decided by the assembly. This ensures the normal functioning of the condominium. In addition, whenever an extraordinary contribution is decided, this must also be paid.

2-Obligation to take out fire insurance for your unit and common areas;
The law requires the purchase of fire insurance. If the condominium owners do not do so, the administrator will have to purchase it (for the common areas), and the condominium will then be entitled to reimbursement of the amount paid. For greater protection, savings, and ease in handling claims (when applicable), we recommend purchasing multi-risk condominium insurance.

3-Duty to comply with the condominium regulations (owners and tenants);
Failure to comply may result in fines or even legal action.

4-Duty to respect the purpose assigned to your unit;
This means that if the unit is intended for residential use, the owners cannot convert it into a commercial space, for example.

5-Duty to respect and preserve the common areas of the building with regard to their function and maintenance;
This means that co-owners cannot appropriate the common areas of the building or damage them. In other words, it is only possible to park a bicycle on the building's landing or ‘appropriate’ the attic adjacent to your unit by unanimous decision of the assembly.
Source: condominiodeco