A co-owner can create a part of the common courtyard of a building in order to carry out plantations ? The justice ruled. Here is the decision.
The facts . A co-owner installs in the common courtyard of the building of many of the plantations of great size, a fixed-point irrigation and a garden shed. The condominium association asked him to destroy the structure built and remove the entire plant. She refuses to do so. The court declared admissible the action of the union. The owner apply to the Court of cassation.
The court decision
The Court of cassation confirmed the judgment of the court of appeal of Versailles. The judges consider that the landscaping reflected on the part of the owner’s commitment to privatisation of common space, and constituted an act of appropriation.
Several aspects of the installation showing : a roof system in the part fixed with a wooden structure and mounting holes for the dowelled into the walls, common exterior, many plants which, because of their size, could not be moved without external intervention and a faucet for watering fixed on the front wall of the building.
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nuisance
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To avoid such a challenge, the co-owner would have had to submit a draft to the general assembly, getting approval, and eventually pay to the condominium a compensation for the privatization of public areas.