In a condominium, when it comes to selling a common part, the decision is not always subject to everyone's agreement.
This is the case when a common part is not "general", but "special", recalled the Court of Cassation.
In a co-ownership, a common part is "special" when it is not open to all nor at the expense of all but it is open to certain co-owners only and at their expense only. This was the case in the trial submitted to the Court of Cassation since a co-owner asked to buy a few square meters of common areas in his building.
This sale can only be authorized by all of the co-owners, argued the trustee, since it will modify the distribution of fees for all and not only for the owners of the building in question.
But the judges dismissed this argument. Only the owners of the special common parts can decide on the alienation of these, they stated.
In January 2014, the Court had indicated that only the owners of this special common portion should share the sale price in proportion to their special directors' fees.
(Cass Civ 3, 1.6.2022, C 21-16.232).
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