Co-ownership - Real estate

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The imperative juridical scheme of the real-estate joint ownership is: “all built building or group of built buildings whose ownership is shared out, between several people, by lots which all include a private part and a share of communal part” (art. 1st Law of the 10th of July, 1965).

The co-owners community forms the co-owners’ Association.

This Association has the duty to preserve the building and to run communal parts (art. 14 L. 1965). If it does not carry out correctly its obligations, it accepts responsibility and is liable for damages caused to a co-owner or a third party.

The imperative nature of the joint ownership status appears on several levels :

The co-owners’ Association organs – General Assembly, Management Agent and Ownership Committee – are determined and imposed by the law (with one exception which concerns the existence of the Ownership Committee).

The legal sharing out of the decision, execution and surveillance functions of the General Assembly, Management Agent and Ownership Committee has an imperative nature and cannot be modified by the joint ownership Rules.

The imperative nature of the status is also present in the multiplication of the reserved actions. For instance, the cancellation of a majority decision is kept for opposing or defaulting co-owners.

The status seems to be clear but in practice, this type of ownership is complicated because of the distinction it implies between the different components of the building (private parts, communal parts), because of the multiplicity of the juridical definitions it combines (divided ownership, undivided ownership, legal personality, fees and charges and so on) and the diversity of law sources.

Insofar as the real-estate joint ownership is not a simple ownership but the organization of a community life, the lots holders do not dispose of a full freedom to enjoy their ownership as they see fit. Conflicts occasions are thus manifold. Moreover, the requirement of material and juridical conservation of the building, which is the responsibility of the co-owners Association, often conflicts with the owners’ prerogative.

The joint ownership way of life can quickly becomes a hardship which has to be overcome.

In this context, Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, helps you for various actions such as the claim against the General Assembly report or its defense, the control of the joint ownership costs sharing out, the joint ownership costs collection or contesting, the protection of communal parts against all attacks, the preservation of the right to have a privative use of a communal part, and so on.

Do not hesitate to contact me for further information.

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