Recovery of unpaid co-ownership charges

The recovery of costs is the exclusive competence of the condominium trustee. He does not need any authorization from the general meeting of the co-owners to initiate actions for recovery of the charges.

Starting on 1^er unpaid charges, the trustee must demand the defaulting co-owner by registered letter with acknowledgement of receipt or by act of the commissioner of justice (former bailiff and judicial auctioneer) to settle his share of loads.

The trustee may to be liable if he does not act in the event of unpaid charges.

The costs of notice (including expenses of the commissioner of justice) incurred by the liquidator are at the expense of the defaulting co-owner.

The defaulting co-owner has 30 days to pay expenses.

Interest on late payment is due to the statutory rate from the formal notice.

In addition, the defaulting co-owner may be ordered to pay damages to compensate the damage caused to the co-owners' union.

If the unpaid balance persists, the trustee may send a reminder letter to the defaulting co-owner. In that letter, it must be reminded that the date of payment of the charges has passed and that, in the absence of payment, a attempt to settle out of court then a recovery procedure before the court of law of the location of the building can be launched against it.

The recovery costs incurred by the trustee shall be borne by the defaulting co-owner.

In case of unpaid charges less than or equal to €5,000, the liquidator must have recourse to a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) to find a solution.

This appeal is mandatory before appealing to the judge.

If the defaulting co-owner fails to pay within 30 days and after the formal notice has been unsuccessful, or if no amicable agreement to repay the debt has been reached, the trustee must initiate proceedings before the court of law location of the building.

The liquidator may use an accelerated (interim) court procedure to obtain a speedy conviction of the defaulting co-owner.

The court shall determine whether the charges claimed are certain, liquid and chargeable.

If so, then the following amounts are immediately due :

• Unpaid expenses under the provisional budget
• Unpaid charges for work not included in the estimated budget
• Contributions of the works fund
• Or any amounts remaining due for previous financial years after approval of the accounts by the general meeting

Any claim of the joint owners' union against the defaulting co-owner is guaranteed by a mortgage legal to seize and sell the co-ownership lot .

The trustee may register this mortgage for the benefit of the union without prior authorization from the general meeting of the co-owners. The registration is made when the defaulting co-owner has not paid his charges after the formal notice. The trustee may also accept the release and, in the event of the debt being extinguished, request that it be canceled.

In addition, the co-owners' union has a special legal mortgage when the defaulting co-owner decides to sell his lot. Opposition to the sale shall be filed by the liquidator. It makes it possible to obtain payment of the sums due on the sale price.

The liquidator may also take a measure of preservation to seize the furniture of the defaulting co-owner.