The legal framework for co-ownership charges
Co-ownership charges (charges de copropriété) are shared between owners according to the rules set by the co-ownership regulations (règlement de copropriété) and the French law of 10 July 1965. They fall into two categories:
- General charges: upkeep, preservation and management of the common parts (shared according to each lot's share of the common parts, the tantièmes)
- Special charges: linked to collective services and shared equipment (shared according to their usefulness to each lot)
Grounds for challenge
Incorrect allocation
Charges must follow the allocation keys set out in the co-ownership regulations. A calculation error or the use of the wrong scale justifies a challenge.
Unauthorised works
Works voted at the general meeting can be challenged if the majority rules were not respected or if the works were outside the remit of the owners' association (syndicat des copropriétaires).
Unjustified expenses
Some expenses may be considered excessive or unnecessary in light of the owners' collective interest.
How to challenge?
Time limit
A general meeting decision must be challenged within 2 months of notification of the minutes.
Procedure
- Check the accounts with the property manager (syndic) — you have a right to see the supporting documents
- Try to reach an amicable settlement with the property manager or the owners' council (conseil syndical)
- Bring the case before the judicial court (tribunal judiciaire) to annul the resolution or have the charges revised
Maître Durbec's role
Maître Durbec reviews your co-ownership regulations, checks that general meeting decisions were validly taken and represents you before the Grasse judicial court to have the disputed charges annulled.
For any question about a co-ownership dispute, the office is at your disposal.