I own a unit on the top floor of a condominium (PPE) and I have a special usage right regarding the rooftop terrace, which only I am allowed to use. Due to waterproofing issues, major work has to be carried out on the terrace. The PPE usage regulations do not provide any rules regarding responsibility for work on the terrace. Am I responsible for these costs? (Martin T, Bernex)
It is essential to distinguish between common parts and exclusive parts in a condominium (PPE) - Copyright (c) Freepik
Condominium ownership involves a fundamental distinction between common parts and exclusive parts. This distinction is crucial because the community of condominium owners shares the costs related to common parts, while each owner remains responsible for the costs linked to their exclusive unit.
The law exhaustively lists the elements that must remain common parts and therefore cannot be assigned as exclusive rights. Among these elements are those essential for the existence, layout, and structural integrity of the building. It is generally accepted that the roof is always an essential part of the building and is therefore by definition a common part.
The allocation of costs related to a common area for which only one of the condominium owners has a special usage right may be set out in the PPE usage regulations, subject to the mandatory rules imposed by law.
In this regard, the law specifically prohibits agreements that would exempt one or more condominium owners from contributing to maintenance costs of a part of the building that has an essential function within the condominium, such as the rooftop terrace, given that the roof is an indispensable part of the building structure.
If the planned work provides no benefit to the other condominium owners and does not concern the maintenance of an essential part of the building, the cost must be borne by the owner who enjoys the special usage right. This would be the case, for example, if the owner wishes to install a vegetable garden on their rooftop terrace.
It should also be noted that work made necessary due to improper use by the owner who benefits from the special usage right will, in principle, not be borne by the community but by the negligent owner.
Our reader refers to work related to the waterproofing of the building, which is necessarily a common part of the condominium, as it is of crucial importance to the entire structure. The costs related to such work must therefore be borne by all condominium owners and not exclusively by our reader.
It should also be noted that if the waterproofing work leads to intervention on our reader’s exclusive parts, the PPE would in principle be responsible for covering the costs resulting from the intervention on the exclusive parts.