Co-ownership charges
Verified 27 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Condominium expenses are the common expenses that must be paid collectively by the condominium owners to ensure the proper functioning of the condominium. There are 2 categories of charges: charges general relating to the administration, preservation and maintenance of the common areas and the charges special for communal services and common facilities. The participation of each co-owner varies according to the nature of the charges.
Condominium expenses are the current expenses that condominiums must pay for the proper functioning of the condominium.
There are 2 load categories:
- General expenses. They concern the administration, preservation and maintenance of common areas (e.g. trustee's fees, general meeting expenses, cleaning of common areas, household waste removal costs, facade repairs, roof repairs)
- Special charges. They concern public services and common equipment (e.g. babysitting, cleaning service, security system, maintenance of the collective boiler and elevator, installation of a television antenna)
It's the co-ownership rules which divides the building's expenses between these two categories.
Condominium charges should not be confused with provisions which are the amounts paid or payable pending final balance after approval of the accounts of the condominium pool.
Condominium charges should also not be confused with advances intended to constitute reserves.
The distribution depends on the nature of the loads: general or special.
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General charges
The general charges shall be distributed among the co-owners in proportion to the relative value of their co-ownership lot (consistency, area, location).
All co-owners must obligatory participate in general expenses.
Special Charges
Special loads are distributed according to the usefulness of the services and amenities for each co-ownership lot. Utility implies that there is a possibility of use.
For example, the co-owner of a condominium lot located on the ground floor pays the elevator charges only if the elevator serves the cellar or the car park.
FYI
some special charges may involve only one co-owner (for example, trustee fees for the establishment of the dated report on the occasion of the sale of a condominium lot).
Each year, the co-owners vote one provisional budget general meeting to meet current expenses (general or special expenses).
In principle, the co-owner pays the co-ownership charges. However, there are some peculiarities in some cases.
Warning
the following list is not exhaustive.
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General case
He's the co-owner of the co-ownership lot concerned who must pay the co-ownership charges up to the amount of his share of the common areas .
In case of rental of the condominium lot
He's the owner of the co-ownership lot concerned who must pay the co-ownership charges up to the amount of his share of the common areas .
Nevertheless, some charges can be recovered with the tenant.
In case of division
Each of the indivisaries must pay his co-ownership charges according to his rights in the division.
The payment of expenses is made by payment of provisions.
The recovery of costs is the responsibility of the joint-ownership trustee. Thus, the trustee must ensure that the co-owners pay their share of expenses.
The trustee assumes his responsibility by not taking the necessary steps to claim the expenses due by the co-owners.
Please note
in the event of unpaid co-ownership charges, the trustee may appeal to the court against the failing co-owner. For this, the trustee does not have to ask the authorization of the general meeting.
Yes, the change in the distribution of the burdens can be decided at the general meeting of the co-owners or by recourse to the judge in case of dispute.
Change of charges: vote in general meeting
In principle, the decision to change the burden-sharing between the co-owners must be adopted at the general meeting by a unanimous vote. However, there are 4 cases where only a majority is required:
- Works or acts of acquisition or arrangement necessitating a change in the distribution of the loads
- Change of use of private parts
- Batch Division
- Establishment of a secondary trade union
FYI
if the assembly has not reallocated the costs, any co-owner may apply to the court of law where the building is located to do so. Allocation has, in principle, only an effect for the future.
Modification of charges: recourse to the courts
It is possible to challenge before the court of law of the place where the building is located, the distribution of the charges provided for in the condominium by making a action for review charges or, where the apportionment is not in accordance with the law, a invalidity proceedings.
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Action for revision
The co-owner who finds that his share of the common parts is more ¼ than it should be can challenge this distribution by taking action for revision before the court.
This remedy is also available if one co-owner estimates that another co-owner's share is more ¼ less than it should be.
The action must be brought within 5 years of the publication of the condominium regulation in the real estate file.
This action is also possible for the co-owner of a lot before the expiry of a period of 2 years from 1re sale of this lot took place after the publication of the co-ownership regulation.
If the co-owner's complaint is well founded, the judge establishes a new burden-sharing.
This new allocation shall apply from 1er day of the accounting year following the date on which the decision became final.
Action for a declaration of invalidity
Any co-owner may to appeal to the court to request a change in burden-sharing where it is not in conformity with the law.
The co-owner does not need to justify a personal interest.
This action shall not be limited in time.
The judge must then establish a new distribution of the burdens. This new remedy shall apply as soon as the court decision has become final. Allocation has, in principle, only an effect for the future.
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