Peut-on opérer un commerce lorsqu’on achète une copropriété?
Dans les quartiers résidentiels, il est fréquent de trouver des maisons individuelles dont une partie du bâtiment à été modifiée pour servir de salon de coiffure ou d’autre petit commerce.
Un tel changement d’usage a des implications fiscales et a aussi des impacts sur le mode de vie des occupants. Toutefois, cette pratique est populaire auprès des petits entrepreneurs qui parviennent ainsi à éviter de payer le loyer d’un local commercial, en plus du prêt hypothécaire pour leur résidence principale.
Par contre, lorsqu’il s’agit d’un immeuble en copropriété, il est rare de trouver un condominium abritant un commerce. Cela s’explique principalement par la nature architecturale du condo, ainsi que par les règlements qui régissent les copropriétés.
Utilisation d’une partie privative
Normalement, un copropriétaire est libre d’utiliser sa partie privative à sa guise. Toutefois, les libertés individuelles de chaque propriétaire ont pour limite le bien-être des autres copropriétaires.
Dans un immeuble à condominiums, les activités nuisibles au bien-être de l’ensemble des occupants peuvent être interdites afin d’assurer un milieu de vie agréable.
Dans ce contexte, il est peu probable que des activités professionnelles soient permises dans un condominium. En effet, un commerce ouvert au public peut constituer un élément perturbateur pour plusieurs occupants. Un commerce entraîne un plus grand va-et-vient, ce qui peut déranger les copropriétaires. Plusieurs risquent aussi d’émettre certaines préoccupations au sujet de la sécurité puisque l’accès à la copropriété sera moins contrôlé.
Il est toutefois important de faire une distinction : il ne s’agit pas ici d’un travailleur autonome qui effectue des tâches administratives depuis sa maison à Blainville (cela ne cause aucune nuisance), mais bien d’un commerce destiné à recevoir des clients.
Destination de l’immeuble et de ses unités privatives
De plus, il est prévu par le règlement de copropriété que la destination de l’immeuble ou d’un de ses condos ne peut pas être modifiée selon la volonté de chaque occupant. Un immeuble construit à des fins résidentielles ne peut donc pas accueillir de commerce, à moins que sa destination n’inclue également un usage commercial.
Un changement de destination de l’immeuble ou de certaines de ses unités ne peut être fait qu’avec l’approbation de l’ensemble des copropriétaires. Certaines copropriétés exigent une majorité, alors que d’autres exigent l’unanimité. Il est donc rare de voir l’usage d’un condo changer.
Aspect pratique
Pour terminer, même si le règlement de copropriété permettait de modifier l’usage d’une partie privative et même si l’ensemble des copropriétaires acceptait ce changement, un condominium se prête mal à un double usage : abriter les opérations d’un commerce et servir de résidence principale.
En effet, la plupart des condominiums ont une superficie plutôt limitée, ce qui restreint l’espace disponible pour la vie quotidienne, ainsi que pour les activités commerciales.
De plus, puisque l’accès à un immeuble en copropriété est généralement restreint (entrée verrouillée, système d’interphone, etc.), les clients auront plus de difficulté à accéder au commerce. Ainsi, si vous souhaitez combiner votre résidence principale à un commerce, la vie en condo n’est sûrement pas le choix approprié pour mener vos projets à bien.
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