Copropriété: shared ownership, the syndic and the AG

Two documents set the rules. The règlement de copropriété says what is private, what is common and what owners may do. The tantièmes are each lot's share of the whole, and they decide both your vote and your share of the bills. The notaire (notary) gave you both when you bought. If you can't find them, the syndic has copies.

The system isn't only for flats. Some villa estates on the Riviera are horizontal copropriétés: each house is a lot and the land, drive or pool are common parts, under the same law. Others are lotissements, where each owner holds their own plot and a residents' association (ASL) runs the shared parts under different rules. Your acte de vente says which one you bought into.

Who runs a copropriété: syndic, conseil syndical and AG

The owners together form the syndicat des copropriétaires. They decide at the assemblée générale (AG), held at least once a year. The syndic carries out those decisions, collects the charges and signs contracts. It can be a paid management firm or a volunteer owner.

The conseil syndical is a small group of owners elected by the AG to oversee the syndic. Neither the syndic nor the conseil syndical can approve your work on common parts. Only the AG can.

Which work needs an AG vote in a copropriété?

Inside your lot you're free: non-structural walls, electrics, plumbing, floors, a new kitchen or bathroom. The line is crossed when work touches a common part or changes how the building looks from outside. That needs the AG's authorisation before anything starts, voted by a majority of all owners, counting those who stay away. If the proposal falls short but wins at least a third of all votes, the same meeting holds a second vote by a majority of the votes cast.

The common cases:

• AC or heat pump outdoor unit: on the facade, a balcony or the roof, it needs a vote. See the AC approval guide.
• Windows and shutters: an identical replacement is yours to decide. A different colour, material or style, or new shutters or bars, needs a vote.
• Through-wall ventilation units: cutting an opening in the outside wall needs a vote. Telling the syndic isn't enough.
• Solar panels: a building-wide project on the roof, facades or railings needs only a majority of the votes cast. Panels for your own flat on a shared roof are private work on a common part, so they need the majority of all owners.

Work done without a vote can be ordered removed through the courts, at your cost. A vote also doesn't replace the mairie (town hall): outside changes often need a déclaration préalable as well.

How the droit à la prise lets you fit an EV charger without a vote

An EV charger on your own space in a shared car park follows a separate route. You send the syndic a registered letter with a description of the work, a technical plan and a wiring diagram. Your electrician can draw up the last two. The syndic can only block it by going to court within three months, with a serious reason, such as the building already having chargers or having voted to fit them. If no court case arrives in that time, you go ahead at your own expense. The syndic tells the other owners at the next AG. Shared-car-park chargers are also where the ADVENIR grant applies.

Copropriété charges, appels de fonds and the fonds de travaux

Running costs come out of a yearly budget, paid in instalments at the start of each quarter and split by tantièmes. Lift or heating costs are split by how much use each lot can make of them. Work the AG votes, such as a new roof, is billed separately through appels de fonds on dates the AG sets. You pay your share even if you voted against.

Most residential buildings must also put money aside each year in a fonds de travaux. The minimum is 5% of the yearly budget, and more where a multi-year works plan calls for it. That money stays with the building when you sell.

How can you take part in the AG from abroad?

The syndic must send the notice at least 21 days before the meeting, with the agenda and a postal voting form. You have three ways to vote from home:

• Return the formulaire de vote par correspondance so the syndic has it at least three clear days before the meeting. Email counts if the syndic gives an address for it.
• Join by videoconference where the notice offers it.
• Give a proxy (pouvoir) to another owner or someone you trust. The syndic can't hold it, and one person can usually hold no more than three.

To put your own project on the agenda, write to the syndic by registered letter with the exact resolution you want voted. Send your documents with it: the devis, a photo or plan showing where the equipment goes, and its size and noise level. You can ask at any time, but a request that arrives too late for the coming notice waits for the following AG. From abroad, ask the syndic for the date of the next AG and send your request well before it. If the AG says yes, keep the minutes (procès-verbal): your installer and any future buyer will ask for them.

More on work in a French copropriété

• Installing AC in a copropriété
• Split AC installation on the Côte d'Azur
• Replacing windows and shutters
• EV charger installation
• Déclaration préalable at the mairie