Co-ownership in serious difficulties: backup plan

Verified 29 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

When a condominium is facing serious difficulties (social, technical and financial), the prefect may intervene to take certain measures. If the measures do not resolve the difficulties, a procedure for expropriation of the property concerned may be initiated.

The prefect who is aware of serious difficulties encountered by a condominium may take certain measures.

These difficulties may be social (defaulting co-owners), technical (damaged building) or financial (number of large unpaid bills).

The prefect may request the intervention of a commission charged with drawing up a diagnosis and a plan for the preservation of the building.

The Commission shall be composed of:

  • Mayor of the municipality of the building
  • President of the public establishment of intercommunal cooperation (EPCI) responsible for housing
  • President of the Departmental Council
  • President of the trade union council or interim administrator if one exists
  • Representatives of the owners and tenants of the property concerned

The request for intervention by a committee may also come from the following persons:

The safeguard plan shall provide for the following measures:

  • Recovery of the financial situation of the condominium
  • Clarification and simplification of building structure and administration rules
  • Carrying out conservation work on the building (for example, repairing the main structure) or tending to reduce excessive operating costs
  • Information of the occupants of the building (owners, tenants...) to restore social relations

The condominium trustee shall submit to the commission all documents relevant to the preparation and implementation of the safeguard plan.

The documents shall be submitted at the request of the Commission, free of charge.

The Commission must draw up a draft safeguard plan.

The project must be approved by the prefect.

The following stakeholders are expected to provide their input on the draft plan:

  • Mayor
  • President of the EPCI responsible for housing
  • President of the county council who signed an agreement to grant public aid for the benefit of co-ownership

The draft plan and the final plan prepared by the commission are sent by registered letter with notice of receipt to the trustee (or the interim administrator if one exists).

The Prefect shall appoint a coordinator to oversee the proper implementation of the safeguard plan. This coordinator may require the trustee to comply with the measures in the plan.

The safeguard plan proposed by the Commission is fixed for five years.

The plan is renewable for two-year periods.

The trustee must organize the vote on the measures recommended by the safeguard plan.

To do so, it must list the measures at agenda of the next general assembly if it occurs within 6 months of the approval of the plan.

However, if the next general meeting does not take place within 6 months of the approval of the plan, the trustee shall convene an extraordinary general meeting.

Although despite the measures advocated by the plan, the co-ownership still faces serious difficulties, the court may be seized by one of the following persons:

  • Prefect
  • Mayor
  • President of EPCI
  • Provisional administrator if one exists
  • 1 or more co-owners

The court may pronounce state of absence of the co-ownership and initiate expropriation proceedings.