Mistakes that cost the condominium corporation dearly (and how to avoid them)

Collecting unpaid condominium charges is a crucial task for the syndicat des copropriétaires (SDC). However, this mission can quickly become a financial drain if poorly managed, especially when relatively small sums of less than €5,000 are involved.

Most condominium owners automatically think of going through their syndic, a bailiff or a lawyer. This may seem logical, but it can cost up to €1,400 excluding VAT, for a claim of just over a few hundred euros.

Fortunately, the law allows co-ownerships to take charge of their own procedures, without lawyers or bailiffs, and above all at almost no cost. All you need to do is follow a simple method, accessible to all members of the syndicate council.

In this article, we'll take you through the three key steps you need to take to initiate a cost-effective collection procedure, and save your condominium hundreds or even thousands of euros.

Before we get to the money-saving method, let's take a moment to understand where your money goes when you delegate the procedure.

All these professionals are useful, but not indispensable, for claims under €5,000.

These amounts are often passed on to the debtor, ideally... but not always recovered in practice. And even when they are, they affect the TCS's cash flow in the short term.

A formal reminder is the first essential step in calling the co-owner to order. This very simple procedure can be carried out directly by the president of the management committee, without going through the managing agent.

 Tip: Use a professional formal notice template, validated by a law firm, to maximize the legal impact of your letter.

 Cost: €5 to €7 (the price of a registered letter) Savings: around €100

If the reminder has no effect, move on to conciliation. This free procedure, provided for by law, is often compulsory prior to any legal proceedings involving a claim of less than €5,000.00, with certain exceptions.

This is a frequent occurrence. In this case, the conciliator draws up a procès-verbal de carence (report of failure), which is proof that the amicable attempt has failed. This gives you the green light to proceed with aninjunction to pay.

A memorandum of understanding is drawn up. It contains :

➡️ If the debtor complies with the agreement: the procedure ends there. ➡️ If the debtor fails to comply with the agreement: the protocol is deemed enforceable. You can immediately seize a bailiff without going to court.

 Did you know? A protocol signed by a conciliator has the same force as a judgment if the debtor breaches it.

 Savings: at least €300, since a protocol drawn up by a lawyer costs that much on average.

The final step is to file an application for an injunction to pay with the court.

 Tip: Save time with a professionally drafted request template here

You serve it on the debtor by bailiff. If the debtor fails to pay within the allotted time, the bailiff can initiate seizures (bank accounts, wages, furniture, etc.).

 Savings: €1,000 on average compared with a procedure handled by a lawyer.

The syndicate of co-owners is a legal entity, with the legal capacity to take legal action (article 15 of the law of July 10, 1965). It is therefore not obliged to go through the syndicate, especially if the general meeting authorizes it to do so, or if a member of the syndicate council is mandated to do so.

 Important: To act on behalf of the SDC, it is advisable to have a delegation from the AGM or written authorization from the syndic.

Recovery of unpaid charges for amounts under €5,000 can be carried out efficiently and free of charge by the condominium association, without the need for a lawyer or bailiff, in three stages:

With a little rigor and the right tools, you can save over €1,400 per file. It's simple, fast and, above all, profitable for your co-ownership.