Maître Cécile Zakine · Lawyer in Antibes

What is the difference between ASL and co-ownership?
Legal Questions 26 Jun 2026 5 min read

What is the difference between ASL and co-ownership?

When you acquire a property, you may encounter complex legal structures such as the Free Syndical Association (ASL) or the co-ownership syndicate. Although these two entities aim to manage common areas, their legal regimes, operating methods, and implications for owners differ significantly. Understanding these distinctions is essential to avoid unpleasant surprises, particularly regarding charges,

What is a co-ownership?

Condominium ownership is governed by the law of July 10, 1965. It concerns a built building or a group of buildings whose ownership is divided among several persons, into lots comprising a private part (apartment, cellar, parking space) and a share of common areas (hall, roof, staircases). The syndicate of co-owners is a private legal entity whose mission is to manage the building, administer the common areas, and collect charges. Each co-owner

What is a Free Syndical Association (ASL)?

The ASL is governed by the ordinance of July 1, 2004 (Articles L. 315-1 et seq. of the Urban Planning Code). It is a legal entity under private law formed by owners of land or buildings, for the purpose of creating, managing, and maintaining common facilities (roads, green spaces, networks, lighting). Unlike co-ownership, the ASL is not linked to the ownership of private lots. It is often created in the context of subdivisions, planned development zones

The fundamental differences between ASL and co-ownership

1. Legal nature and purpose

The condominium has the purpose of managing a built building and its common areas. The ASL, on the other hand, has the purpose of managing common facilities for several separate properties (land or individual houses). The ASL does not manage common areas within the meaning of the 1965 law, but so-called "common" assets which may be land or structures.

2. Membership and exit

In a condominium, membership in the syndicate is automatic and inseparable from ownership of a unit. You cannot "leave" the condominium without selling your property. In an ASL, membership is initially free, but once the land is sold with a clause of membership in the ASL, it becomes perpetual and attached to the plot. Exiting is almost impossible without amending the articles of association or dissolving the association.

3. Decision-making and voting

In a condominium, voting is based on shares (surface area of the unit). Decisions are taken by simple majority, absolute majority or double majority depending on their importance. In an ASL, voting is generally based on the principle of "one vote per owner" or on a weighting provided for in the articles of association (often linked to the land area). The majority rules are freely set by the articles of association, which offers great flexibility but also a risk of deadlock.

4. Charges and recovery

In co-ownership, charges are allocated according to shares and recovery is regulated by law (possibility of seizure, legal mortgage). The syndicate has strong coercive powers. In an ASL, charges are allocated according to the bylaws (pro rata to area or flat rate). Recovery is less regulated: the ASL can take legal action to obtain payment, but does not have the same privileges as a co-ownership syndicate (no legal mortgage).

5. Tax regime

The co-ownership is not taxable on its income (except in certain cases). The ASL may be subject to corporate tax if it carries out a lucrative activity (e.g., renting equipment). In practice, most ASLs are non-profit and therefore non-taxable, but caution is required.

When do we talk about ASL and when about co-ownership?

The distinction is sometimes blurred, particularly in "residences" with common areas (parking, garden) and collective facilities (heating, swimming pool). If the building is constructed and divided into private lots with common areas, it is a condominium. If you have a detached house with land, and you share a road or green space with your neighbors, it is likely an ASL. Caution: there are also "condominium ASLs" (or management ASLs) that manage

What are the risks for an owner?

The main risk for an owner is not knowing which regime they are subject to. In an ASL, the bylaws may provide for very high charges, unfavorable voting rules, or an impossibility to exit


🔧 Calculez vos droits
Utilisez notre outil problèmes de copropriété pour évaluer vos recours en copropriété.

📅 Mis à jour le 30/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.

About

About the author:

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor in Law, specialized in real estate and land law. Each article is written based on the analysis of a real case law decision.

See the firm →

Consultation

Book an Appointment
1st consultation = 30 min €45

No commitment, by video or phone

45 € — Right now

Gatien Llabres
Gatien Llabres
1784725791
Maître Zakine a traité mon dossier avec une grande réactivité et une vraie pugnacité — et ça a payé. Elle a pris le temps de bien m'expliquer les différentes options à chaque étape, ce qui m'a permis de décider sereinement. Disponible et directe, je recommande sans hésiter
Kayna Key
Kayna Key
1784585160
J’ai eu une consultation d’une heure en visioconférence avec Maître Cécile Zakine, qui m’a donné tous les conseils dont j’avais besoin et qui a été très honnête et claire dans son analyse pour savoir si je devais aller plus loin ou non. Je la recommande pour son sérieux.
Fabien Liegeois
Fabien Liegeois
1775223419
Excellent solicitor whom I highly recommend. She resolved a very complex matter for me involving a co-ownership association and its managing agent, with a clear strategy. After consulting with numerous solicitors without result, she was the only one who truly took the time to analyse the situation in depth and build a genuine strategy. Responsive, rigorous and very committed, you can trust her implicitly. Thank you Maître Zakine.
Ghazal Jaber
Ghazal Jaber
1774978602
I recommend Master Cécile ZAKINE for any real estate law matter. She accompanied me in a dispute against my property developer with professionalism. Throughout the proceedings, she provided me with detailed explanations at each stage, allowing me to fully understand the progress of my case. Her responsiveness was much appreciated, responding quickly to my questions, which was very reassuring during this stressful period. I also appreciated her regular follow-up with appropriate updates without having to constantly request them.
Ghyslaine Pansier
Ghyslaine Pansier
1770046018
Thank you Master for these clear explanations. Your analysis and your professionalism. I strongly recommend
Aurelie Munier
Aurelie Munier
1760349475
I asked Master Zakine to support me with questions in real estate law. I was particularly satisfied with her responsiveness and her advice. I highly recommend her!
Corinne Khoury
Corinne Khoury
1758133841
One can only underline the seriousness and professionalism with which she carries out her mission, Master Zakine Cecile demonstrates great legal rigour, a fine analytical capacity and a strategic sense that inspires confidence. Always attentive, she knows how to translate sometimes complex situations into clear and effective solutions; her commitment, her availability and her tenacity demonstrate that she does not merely defend: she truly supports; her work combines competence, humanity and determination, all qualities that make the difference and deserve to be recognised.
F Durietz
F Durietz
1758051447
The best for managing real estate law!!!! Thank you so much for curing my financial cancer faced with corrupt banks! My life is becoming normal again thanks to you
Franklin
Franklin
1758051020
Master Zakine is the only lawyer to have won in civil court in the Apollonia case. This case involving more than a thousand victims, more than a thousand ongoing proceedings!!!! This lawyer listened to me with such empathy, professionalism, expertise!! Throughout the proceedings, Master Zakine thwarted all obstacles in our path and was able to plead my case with such sincerity! All aspects of my case were mastered by this lawyer. No hesitation, she is the lawyer you need in real estate law!
Jo Jo
Jo Jo
1748935089
Hello new client and very good she provides telephone appointments given Master's availability unlike some who tell you they'll call back and don't 😉
Giovanni DIMA
Giovanni DIMA
1748095724
SEVERINE BOURGEOIS
SEVERINE BOURGEOIS
1741372514
Very good meeting with Me Zakine. Thank you very much for your advice which we will apply. Your explanations were very clear. Very pleasant person. I recommend
Benj Benj
Benj Benj
1741110893
I strongly recommend Master Zakine who was able to provide me with her expertise and clear advice regarding the resolution of my dispute. She demonstrated professionalism and rigour, promptness in her analysis of the situation, as well as a great capacity for listening and empathy.
SERVE STE
SERVE STE
1737050792
Cristiana Luciani
Cristiana Luciani
1734475847
Consulted for advice on VEFA. Maitre Zakine was a valuable source of information for me. She was also very responsive and available in our discussions.
Laurent Paule
Laurent Paule
1726989674
I made an appointment with Maître Zakine for a 1-hour consultation in his office. I needed clarification regarding a dispute with my trustee. Punctual and courteous, Maître Zakine took my problem into consideration and proved to be very professional, giving me excellent advice. I initially thought that we would have covered the issue in half an hour; but the hour ultimately passed quickly. To be recommended without reservation.
Bastien TOURBEAUX
Bastien TOURBEAUX
1725364856
Maître Zakine is very professional. I recommend this person to help you with your legal appeals.
paolo costa
paolo costa
1719309338
Efficient service, fast and concrete communication. Serious, kind and helpful professional. Very positive experience!!
×
js_loader