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Condominium charges: categories, voting, payment and challenge

Verified 01 June 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Condominium expenses are the common expenses that must be paid collectively by the co-owners. There are 2 main categories of charges: general charges for the administration, preservation and maintenance of the common areas and special charges for utilities and common equipment. The participation of each co-owner varies according to the nature of the charges.

There are 2 main categories of charges:

  • general administrative, conservation and maintenance costs of the general common areas and special,
  • and special charges for utilities and common facilities.

The participation of each co-owner varies according to the nature of the expenses (general or particular).

General expenses

General charges relate to the payment of the following costs:

  • Administration of the building (e.g. trustee fees, general meeting fees)
  • Building maintenance (e.g. cleaning of common areas, removal of household waste)
  • Preservation of the building (e.g. facade restoration, roof restoration)

All co-owners must participate in the payment of general expenses up to their share common areas fortieth associated with each condominium lot.. The tenths are thus calculated and expressed as a percentage of all the common areas of the building. It is the distribution of the tenths of the condominium that determines the distribution of the general burdens between the co-owners.

The tenths can be expressed in thousandths, as in ten thousandths or one hundred thousandths depending on the size of the condominium.

Specific charges

The specific charges relate to the payment of the following costs:

  • Shared services (e.g., babysitting, cleaning service, security system)
  • Common equipment (e.g. maintenance of collective boiler, elevator, installation of television antenna)

These charges shall be paid on the basis of the objective utility of the services and equipment for each lot. For example, the co-owners of the condominium lots located on the ground floor do not have to bear the cost of a lift unless it serves the cellar or the parking lot.

FYI  

the possibility for the co-owner to access the elevator or the cellar from outside is considered sufficient to impose a financial contribution, even if he does not have a garage.

Each year, the owners vote estimates to meet current expenses (general or special expenses).

This expenditure shall cover the maintenance, operation and administration of common areas and common equipment.

Current maintenance to maintain the condition of the building or to prevent the failure of a piece of equipment is included in the maintenance budget.

Example :

Replacement of boiler or elevator components where the replacement price is included in the maintenance or maintenance contract at a flat rate.

Co-owners may also participate in exceptional expenditure not provided for in the estimates. Such expenditure shall be subject to a vote by joint owners..

Example :

Improvement work (development or creation of premises for common use, elevation of buildings...), technical studies (diagnostics, consultations...).

In practice, these expenses are voted together with the work.

Each co-owner must pay the voted expenses according to his share.

FYI  

if a co-owner has not given his consent to the carrying out of improvement works (other than works made compulsory by law), he can ask the trustee for a payment spread over 10 years. For this, it must notify request within 2 months of notification of the minutes of the general meeting.

Estimated expenditure

The estimated expenditure shall be financed by the payment of provisions.

These provisions are paid by the joint owners to the condominium trustee..

They shall be equal to ¼ of the budget voted, unless otherwise decided by the General Assembly.

The provision shall be settled as follows:

  • 1to day of each quarter
  • Or 1to day of the general assembly

Before the due date, the condominium trustee shall send each co-owner a notice indicating the amount of his allowance.

This notice shall be sent by simple letter or by electronic message if the co-owner has accepted this method of transmission.

Non-budgeted expenditure

When exceptional expenditure is voted, the general meeting shall determine the amount of the expenditure and the date of the corresponding provisions.

In practice, these expenses are voted together with the work. For these expenses, the trustee may require the cash advance payments..

Before the due date fixed by the general meeting, the condominium trustee shall send each co-owner a notice indicating the object of the expenditure and the amount of the sum payable.

This notice shall be sent by simple letter or by electronic message if the co-owner has accepted this method of transmission.

A co-owner who finds that his share is more than ¼ higher than it should be may challenge this allocation by appealing to the court..

This action is also possible if a co-owner believes that another co-owner's share is more ¼ less than it should be.

The appeal must be brought:

If the co-owner's complaint is well-founded, the judge shall draw up a new division of labor which shall apply from 1to day of the accounting year following the date on which the decision became final.

Warning  

outside of these cases of burden-sharing, changing the burden-sharing requires a vote to unanimity of joint owners..