Maître Cécile Zakine · Lawyer in Antibes

The obligations of co-owners - Cécile Zakine, Doctor of Law - Lawyer in Lille
Uncategorized October 8, 2023 7 min read

 

The world of co-ownership is a complex ecosystem of rights and obligations, requiring the expertise of a lawyer in real estate law to navigate through the twists and turns of the regulations in force. In co-ownership law, the trustee and the co-owners' association play key roles, but it is essential to remember that the co-owners themselves also have obligations which deserve in-depth clarification.

Financial obligations

Condominium fees

The co-owners have an obligation to contribute to the costs of the co-ownership in accordance with the percentages or thousandths allocated to them. These charges cover expenses relating to the maintenance, repair and improvement of common areas.

Unpaid debts and collection

Non-payment of charges may result in recovery measures which may go as far as seizure of the co-ownership lot. It is therefore strongly recommended to consult a real estate lawyer in the event of a co-ownership dispute concerning unpaid debts.

Obligations relating to co-ownership regulations

The co-ownership regulations are a contractual document which is binding on all co-owners. It often contains clauses relating to the use of private and common areas. Any breach of these clauses may result in sanctions.

Role of the trustee and the union of co-owners

The trustee is responsible for the administration of the common areas and compliance with the internal regulations. For its part, the main role of the co-owners' association is to ensure the collective interests of the co-ownership.

Disputes and general assembly

Co-owners have the right to challenge certain decisions taken at the general meeting. To do this, a real estate lawyer specializing in co-ownership litigation can be of great help. Challenges must be brought before the high court within two months following notification of the contested decisions.

Disputes relating to co-ownership charges

A frequently contentious subject is the calculation and distribution of co-ownership charges. Co-owners must often contribute to the common budget, which is used to finance collective expenses. Disputes arise when certain co-owners dispute the amount or legitimacy of these charges.

Conclusion

In short, being a co-owner is not only a right but also a set of complex obligations which require in-depth knowledge of co-ownership law. Whether it concerns co-ownership disputes, trustee disputes, or disputes relating to the general meeting, it is often necessary to appeal

The co-ownership law governs the relationships between co-owners of a building and their obligations regarding the management and maintenance of the building. This is a complex and delicate area that may require the intervention of a specialized lawyer.

A lawyer specialising in co-ownership law, such as Maître Zakine, can help with the recovery of co-ownership charges or when a loss occurs both within a dwelling and in the common areas.

Thus, Maître Zakine, lawyer in co-ownership law will be able to help you draft or interpret the co-ownership statutes, resolve disputes between co-owners, represent your co-ownership association in court and to advise you on all legal questions related to co-ownership.

 

🔧 Calculez vos droits
Utilisez notre outil problèmes de copropriété pour évaluer vos recours en copropriété (travaux, assemblée, charges, syndic).

Frequently asked questions

What are the financial obligations of a co-owner?

Each co-owner must pay co-ownership charges (maintenance, repairs, services) proportionally to their shares. They must also contribute to the mandatory works fund since the ALUR law. Non-payment may result in penalties and recovery proceedings.

Can I refuse to pay a condominium charge that I consider excessive?

No, you cannot unilaterally refuse to pay a charge voted at a general meeting. You must contest the decision within two months of the meeting by petitioning the judicial court. In the meantime, you must pay under penalty of legal action.

What are the deadlines to challenge a condominium general meeting decision?

The deadline is two months from the notification of the AG minutes (or from publication for absentees). After this deadline, the decision becomes final. It is recommended to consult a lawyer promptly.

What to do if my neighbor does not respect the co-ownership regulations?

Report it to the syndic who must enforce the regulations. If the syndic does not act, you can call an AG to vote on measures. As a last resort, refer the matter to the judicial court to stop the disturbance.

How much does a lawsuit for unpaid charges cost?

Costs include lawyer's fees (often a flat fee of €500 to €1,500 for a formal notice, more for proceedings), service fees, and stamp duties. The syndicate can recover these costs from the defaulting co-owner.

See our co-ownership lawyer page →

About Cécile Zakine

Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation

About the author: Maître Cécile Zakine

<b>Lawyer in Antibes, registered at the Bar of Grasse</b>. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. <a href="https://www.cecile-zakine.fr/contact-devis/"><b> Do not hesitate to contact the lawyer in Antibes: Maitre Zakine.</a> </b> or to <b><a href="https://www.cecile-zakine.fr/prise-de-rendez-vous-lavocat-antibes-zakine-contentieux/"> make an appointment online for a consultation.</a></b>
<a href="https://calendly.com/maitre-zakine/consultation-telephone"> Possible consultation<b> 45€/ 30 min by phone for a first consultation</a></b>

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 et C Durietz
F et C 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