Horizontal condo or residents’ association: knowing which you are in

You pay common charges for roads and gardens. But do you know which regime your estate follows?

A group of detached houses with an internal road, a gate, gardens and sometimes a pool: a common configuration. Residents pay common charges, meet once a year and elect representatives. Many think they live in a condo association. That is not always the case.

Two very different regimes coexist, with distinct rules for decisions, recovery and governance. Knowing which one applies is the prerequisite for any serious discussion.

The horizontal condo

This is a classic condo association applied to a group of houses rather than a block. Each owner holds a unit — the house and the plot they enjoy — plus a share of the common areas: roads, networks, gardens, shared facilities.

All the usual rules apply: building rules, shares, general meeting, manager, board. See the building rules and ownership shares.

The residents’ association

This is a different structure, common on estates. Each owner fully owns their plot, and the association manages the shared facilities — roads, networks, lighting, gardens — under its own articles.

• Operation is set by the association’s articles, not by condo law.
• The bodies carry other names: chair, committee, members’ meeting.
• Majority and recovery rules differ, sometimes markedly.
• Membership is in principle attached to ownership of the plot.

The difference is not theoretical: it changes what is voted, at what majority, and how unpaid charges are recovered — see the recovery procedure for the condo regime.

How to know which applies

The answer is in the deeds: the purchase deed mentions either a condo unit with its shares, or a plot with membership of an association. In doubt, the notary or the managing agent can confirm.

Some estates combine both: an association managing the general roads, and separate condo associations for each block. That is frequent in large developments, and then resembles the mechanism in the secondary association.

What changes day to day

The subjects themselves are the same: road upkeep, lighting, gardens, gates, water networks, security. So are the good practices — annual walk-through, incident log, contract comparison, works plan.

See the annual walk-through, grounds maintenance and the multi-year works plan: the method transfers entirely.

Before arguing about a majority, check the regime: half the disagreements come from rules applied to the wrong framework.

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