Tantiemes of co-ownership: what is it?

Verified 07 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The tenths correspond to the share of co-ownership owned by each of the co-owners. In particular, they make it possible to define the participation of each owner at the general meeting. The tenths of each co-owner are described in the descriptive state of division (EDD). The distribution of the percentage fees may be modified by a vote in the general meeting.

Warning  

Condominium fees should not be confused with the fee fees used to apportion the payment of the different charges related to the common areas of the building.

The tenths correspond to the share of co-ownership owned by each of the co-owners.

They define the participation of each owner at the general meeting of the co-owners.

They also determine the amount of charges to be paid by each of the co-owners.

Tantiemes are described in the descriptive state of division (EDD) in the co-ownership rules or in an annex thereto.

Most of the time, the condominiums are divided into thousandths of shares, in fact they are tenths expressed in the form of a thousand. It is the unit of division of the whole building, in a thousand equal parts.

The percentage points shall be calculated according to the following criteria:

  • The size of the co-ownership lot
  • Its consistency (for example, the lot contains a balcony, a terrace)
  • Its location (for example, the lot is located on the ground floor or upstairs).

The co-ownership rules must therefore provide for a fair distribution with different tenants between all the condominium lots.

In principle, any modification of the fees must be decided by a vote in the general meeting unanimously of the co-owners (vote of all the co-owners).

However, certain situations allow the distribution of the fees to be modified by a vote in the general meeting by a majority other than the unanimity of the co-owners.

This concerns the following 3 situations:

  • Change in use of a private part (for example, the lot for the dwelling is changed for the practice of a liberal profession)
  • Division of a condominium lot followed by a sale of all or part of the fractions resulting from this operation
  • Decision of the joint owners' union to carry out work affecting the distribution of the burden or to carry out an act of purchase or sale (e.g. sale of level landings to co-owners).

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Change of use of a private part

The new tenants and the consequent amendment of the co-ownership regulation must be voted at the general meeting of the co-owners by an absolute majority, "the so-called Article 25 majority".

The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).

If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

Division of a condominium lot followed by a sale

The new tenants and the consequent amendment of the co-ownership rules must be voted on at the general meeting of the co-owners by a simple majority, referred to as "Article 24". The co-ownership regulation may provide for a different allocation.

The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.

Decision of the trade union to carry out work, act of purchase or sale

The new fees and the consequent amendment of the co-ownership regulation must be voted by the same majority as the one used to carry out the works, the act of purchase or sale. It may then be a simple majority "referred to as Article 24", an absolute majority "referred to as Article 25" or a double majority "referred to as Article 26".

The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.

The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).

If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

The double majority (said majority of article 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.

Example :

In a co-ownership of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, or more than 2/3 of all the tenths (2/3 of 1000 = 667), validate this decision.

If this majority is difficult to obtain, it is possible to make a 2nd simpler majority voting. That's what we call the double majority. So that this 2nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by a majority called Article 25 (easier to obtain).

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