Facade work falls under the decision-making authority of the general meeting of co-owners: routine restoration (ravalement) is approved by the majority set out in Article 24 of the Law of 10 July 1965, meaning the majority of votes cast by co-owners present, represented, or voting by correspondence. The cost is shared among all co-owners according to their share of the common areas, expressed in overall thousandths (millièmes) or shares, since the facade is a common element whose upkeep is the responsibility of the syndicate.

Which majority applies depending on the nature of the work

The classification of the work determines the majority required, and a mistake on the majority undermines the entire decision.

Restoration work, repairing render, treating cracks, redoing joints, and repainting are considered maintenance and conservation work on the building: Article 24 majority applies. Work made mandatory by a legislative or regulatory provision, or by an administrative order, also falls under Article 24, with the meeting deciding only on the terms of execution, not on the principle of carrying out the work.

External thermal insulation, changes to the building’s exterior appearance, a change of color beyond simple restoration, the installation of equipment on the facade, or the replacement of window frames fall under the Article 25 majority, i.e. the majority of votes of all co-owners. Where the proposal obtains at least one third of all votes without reaching that majority, the Article 25-1 bridge mechanism allows an immediate second vote at the Article 24 majority. Larger-scale improvement works, adding a new item of equipment or altering an existing one, fall under the Article 26 majority.

The multi-year works plan provided for in Article 14-2, based on the comprehensive technical assessment, now structures the scheduling of facade restoration and its financing through the works fund. Its adoption and updating must go through the general meeting.

Who pays, and according to what formula

Expenses for the conservation, maintenance and administration of common areas are shared in proportion to the relative values of private units, in accordance with Article 10, paragraph 2. You therefore pay according to your overall thousandths, regardless of the condition of your own section of facade or which floor you are on. A ground-floor co-owner contributes to the restoration of the upper floors, and a co-owner who has already replaced their windows still contributes to the treatment of the building envelope.

The usual points of friction concern accessory features: balconies, railings, shutters, awnings, window sills. Whether these are classified as common or private elements depends on the co-ownership bylaws (règlement de copropriété). A railing integrated into the building’s structural shell is generally common property; an awning installed by the occupant remains private. Have this question settled before the vote, resolution by resolution, with a clear breakdown of the quote.

Payment follows the schedule adopted by the general meeting pursuant to Article 14-2. The managing agent (syndic) may only call for funds on the dates and in the amounts decided. If the unit is sold during the works, calls for funds due before the transfer remain the seller’s responsibility, while later calls fall to the buyer, unless otherwise agreed between them.

The obligations placed on each party

The managing agent must put contracts out to competitive tender above the threshold set by the general meeting, seek the opinion of the co-ownership council once that threshold is crossed, take out the necessary insurance, and obtain the required planning permissions — a prior declaration (déclaration préalable) being required for work that alters the exterior appearance, with stricter requirements in protected areas or outstanding heritage sites.

The local authority may require restoration work under the conditions set out in Articles L. 132-1 et seq. of the Construction and Housing Code, and may have the work carried out itself at the syndicate’s expense in the event of default. A notified order requires the managing agent to convene a general meeting without waiting for the annual meeting.

Each co-owner must allow access to their private areas for the execution of approved works, pursuant to Article 9 of the Law, and may seek compensation for any harm resulting from that execution, in particular loss of use or rental income. Refusing access exposes the co-owner to summary proceedings (référé) and a daily penalty (astreinte).

To challenge a decision on works, you must have voted against it or been absent, and bring the matter before the judicial court within two months of notification of the minutes, in accordance with Article 42, paragraph 2. The most effective grounds are an error in the majority applied, lack of precision in the resolution regarding the works and their cost, and failure to carry out the required competitive tender.

For any co-ownership matter, Cécile Zakine, Attorney at Law, advises you and defends your interests (Grasse Judicial Court, Nice Judicial Court, Aix-en-Provence Court of Appeal). Prompt consultation.

On the same topic: managing agent refuses the works · disputing service charges · general meeting vote against my wishes · neighborhood disturbances · call for funds · all our co-ownership case files