need expert in french real estate law
State/Country relating to question: France
need expert in French real estate law
What would your question be?
Our condo association in france is allocating costs based on utility and milliemies. What is allocated to utility and what is allocated to milliemes?
Are other factors involved in allocating costs?
Based on utility are costs benefiting differently to users: i.e.; owners living on the 5th floor need the lift more than those living on the second floor. They will contribute more to the lift. Other costs like paying someone to put the bins out on the sidewalk are shared based on millièmes.All this should be clearly itemized in the réglement de copropriété which must have been handed to you when you signed the deeds of purchase.
How would costs of swimming poll and washer and dryer be apportioned?
Unless specified differently in the règlement de copropriété, these type of costs would more likely be shared by tantième (or millième) as one suppose access to these equipments is open to all co-owners or residents (even if some of them choose not to use them).
Does law permit the reglement de copropriete to proportion swimming pool and washer and dryer costs to utility?
What specifically would be done re factural reasons,proceedures and voting to make this legal?
The law does permit it only if there is a unanimous vote of all co-owners (not only those present or represented at the general assembly) in favor of changing the "règlement de copropriété". It is seldom done because: 1) it is a rather expensive procedure for the copropriété as it involves quite hefty notaire and surveyor fees. 2) it is often next to impossible to obtain the required unanimity on such matters 3) because material restraints - like specific locks - need be installed to ensure that only authorized (read paying) co-owners would be able to use or benefit directly or indirectly from these facilities - which often proves technically difficult, or against safety regulations, or simply annoying for all other users...
Our Syndic de Copropriete about 12 years ago set up having the swimming pool and other items that all have access to all as a uniform cost per condo.
This is now being questioned by 1/6 of the condo owners.
How can this now be changed and how are the past 12 years costs allocated?
I would guess that the syndic had the General Assembly vote this by a unanimous vote and had the règlement de copropriété amended in accordance. If only 1/6th of the condo owners want this changed, this cannot be changed unless the other 5/6th agree. If the règlement de copropriété was not modified, you would need to have a lawyer check on which basis this was done. Yet if the process (and the accounts) were validated by the vote of the general assembly, it would require at least 75% of the co-owners to change this...As for the past 12 years if the accounts have been validated yearly by the general assembly, and unless a fraud is found, nothing can be done.Please do not forget to rate my answer, otherwise I shall not get compensated for the time spent.
8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
If the change to the reglement de copropriete was approved originally with all the owners physically present to have the swimming pool be a utility cost with all owners paying equally; how can it now be changed?
If it was not done this way according to law; is the swimming pool cost a utility or millieme? How can this now be changed?
You give excellent answers and I will rate you after I get a response.
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