The Conventional Co-ownership Regulations

Application pratique:

The Court of Cassation confirmed that co-ownership regulations can limit the use of private portions. His garage is defined exclusively as a garage, so commercial exploitation is prohibited. He must cease operations immediately and restore the garage to its original condition to avoid daily penalty fees of €100 under a potential court order. He should also consult a lawyer to negotiate with the co-owners' association for a possible regulation amendment.

Application pratique:

This decision underscores that violating use clauses can lead to legal prohibition. She must immediately request a copy of the règlement de copropriété from the seller and verify if any unit is designated for professional activity. If not, she should either abandon the purchase or seek a conditional sale agreement that allows her to obtain co-owners' approval for a garage conversion, bearing in mind that such approval is not guaranteed and may cost €5,000–€10,000 in legal and administrative fees.

Application pratique:

Following the Court of Cassation’s logic, attempting to lease for commercial purposes can be immediately halted by other co-owners through a court injunction. He must check the exact wording of the règlement; if his unit is not unequivocally designated for commercial use, he cannot proceed. He should either keep the unit residential or propose a vote at the next annual general meeting to amend the regulations, a process requiring a double majority (Article 26) and likely costing €3,000–€5,000 in notary and lawyer fees.