Faced with the boom in seasonal rentals, condominiums, often on the front line, have had to find solutions to avoid abuse by owners. Our YourHostHelper agency in Royan explains to you what the challenges are for condominiums and what these solutions are.
In recent years, seasonal rentals have continued to grow. Under the impetus of very popular sites such as AirBNB or Booking, it is now possible to book holiday accommodation in the city of your dreams in just a few clicks. Mass tourism having become more democratic, any apartment or house can serve as an ideal holiday resort for holidays alone, as a couple, or as a family, and this at much more advantageous rates than hotel rooms. This almost uncontrolled expansion, however, leads to many problems and disadvantages, often encountered by the neighborhood. Noise pollution, odors or even frequent passages in the common areas are among the minor problems, but housing shortages, for example… That's another thing. Thus, to fight against the proliferation of tourist accommodation, condominiums have implemented several rules to slow down or even completely stop the advance of furnished tourist accommodation in their buildings.
“Some towns are in the throes of real rental crises, explains Anne-Claire Souty, director of our concierge service in Royan. Housing shortages are such that these cities lack accommodation to offer new residents who wish to settle year-round. Housing that could be offered to them is occupied by tourists all year round, which greatly displeases many real estate players, especially condominiums”.
How a condominium works explained by our AirBNB agency in Royan
First of all, what is called co-ownership is often referred to as the co-ownership syndicate, which manages a building on a daily basis. This is the community comprising the co-owners of the building. He is responsible for the management and conservation of the common parts of a condominium in a building. The condominium itself is made up of all the common and private parts of a building. It is then governed by the syndicate of co-ownership which is the one that will manage the building on behalf of the syndicate, legally, accounting, financially. He must ensure compliance with the rules of co-ownership under penalty of incurring his liability. The syndic administers and enforces the decisions of the general assembly voted by the syndicate of co-ownership and is elected for 1 year or more.
“A condominium cannot function without a trustee,” explains Anne-Claire Souty, director of the YourHostHelper agency in Royan. The role of the union council is essential for the daily life of a building”. The syndicate of co-owners is a legal person under private law. He can take legal action and enter into contracts. Its decisions are taken at a general meeting convened by the syndic of co-ownership. The syndic of co-ownership is the legal or natural person responsible for representing the syndicate of co-owners and the administration of the common parts of a co-ownership. In particular, it is he who decides, during general meetings, to vote on the rules and measures specific to the proper functioning of a building. These rules can, of course, concern seasonal rentals.
Condominiums are standing up against seasonal rentals
The condominium regulations
With the rise of tourist accommodation in recent years and the resulting nuisances, such as too many comings and goings, condominiums have therefore tried to fight back. When short-term rentals occur within the framework of a co-ownership, the law of July 10, 1965 is regularly invoked in support of disputes between lessors who rely on their freedom to dispose of their property and those who wish to see a ban on furnished rentals based on the condominium regulations. In such a situation, it is therefore necessary to find out whether the prohibition is provided for in the co-ownership regulations. If he is silent on this subject, it is necessary to see if such an activity is in conformity or not with the destination of the building or with its conditions of enjoyment.
On the other hand, the co-ownership regulations may decide to purely and simply prohibit seasonal rental in a building. The co-ownership regulations set the rules for preserving the conditions of enjoyment within a co-ownership. To this end, it may provide for the express prohibition of the activity of short-term furnished rentals or restrict it. Nevertheless, he cannot impose any restriction on the rights of the co-owners apart from those which would be justified by the destination of the building (article 8 law of July 10, 1965) therefore each co-owner freely uses and enjoys the private portions under the condition of not infringe either the rights of the other co-owners or the destination of the building (article 9 law 10 July 1965).
If seasonal rental is not prohibited by the co-ownership, it is the owner of the property concerned by the rental who must ensure that the tranquility of the building and all the other co-owners are respected. In the event of nuisance on the part of its tenant, (cries, noise at night, deterioration of the common areas, etc.), the syndicate has the capacity to act against the co-owner for abnormal neighborhood disturbance. The theory of abnormal neighborhood disturbance makes it possible to engage the responsibility of the person responsible without it being necessary for any fault to be reported. It is an objective liability which requires proof of a causal link between an act and a nuisance constituting an abnormal disorder. The syndicate must, however, provide proof that the disturbance is collective and not affected to a single lot. In practice, this proof can be difficult to establish when the stays are of short duration.
Lot assignment
The co-ownership regulations constitute "the law of the parties" according to article 8 of the law of July 10, 1965, that is to say that it defines the common and private parts, their terms of enjoyment and administration. Thus, all co-owners and tenants must comply with the rules of co-ownership, and in particular the allocation of lots. In addition, each co-owner is free to use his private portions, on the condition of not causing any disturbance to the other co-owners or undermining the destination of the building, according to the terms of article 9 of the law of July 10, 1965. The seasonal furnished rental business is a commercial activity. Thus, the co-owner can rent his commercial premises as a seasonal rental if his co-ownership regulations do not preclude the exercise of such an activity.
If the use of a lot as commercial premises is not authorized, it will be necessary to go through a procedure for changing the use of the residential lot, in order to be able to assign it to a furnished tourist accommodation activity. It will therefore be necessary to inform the syndicate of its desire to change the use of the lot to furnished tourist accommodation, which the syndicate will then have to accept at a general meeting. In the event of fraud or change of use without prior consultation of the syndicate, he may assign the defrauding co-owner for the purpose of ordering the restoration of the assignment of the lot in accordance with that provided for in the co-ownership regulations, and this under daily penalty. .
The condominiums are now very careful about the rental conditions of the properties. Often tolerated, seasonal rentals remain a source of distrust for many, who criticize the many collective nuisances that tourist accommodation entails. “It is not impossible to put your property up for seasonal rental, concludes Anne-Claire Souty, director of our AirBNB agency in Royan. You just have to make sure that the rules of the co-ownership will be respected by the owners, and above all that there will be no overflow”.
