Who pays the fees in the event of condominium proceedings?
Introduction
When a co-ownership is faced with legal proceedings, the question of payment of legal fees inevitably arises. It is essential to understand who, between the syndicate of co-owners and the co-owners themselves, is responsible for these costs. This page aims to shed some light on this issue, detailing the various possible scenarios and the legal obligations that arise from them.
1. The role of the Syndicat des Copropriétaires
The syndicat des copropriétaires is the legal entity representing all co-owners. It is responsible for managing and administering the building's common areas. When legal proceedings involve the co-ownership, it is usually the syndicate that mandates the lawyer to defend the collective interests of the co-owners.
2. Expenses incurred by the Syndicate
In the event of a dispute concerning common areas or decisions taken by the general meeting, legal fees are payable by the syndicate of co-owners. In such cases, these fees are included in the common charges and divided between all co-owners according to their respective co-ownership tantièmes.
Example:
If legal action is taken against a contractor for poorly executed work on the common areas, the syndicate will pay the lawyer's fees. These costs will then be shared by all co-owners.
3. Special cases
However, certain situations may lead to a different allocation of legal fees:
- Individual procedure: If a co-owner takes legal action for a matter that concerns only his private lot, he alone must pay the legal fees. For example, in the event of a dispute with a neighbor over noise or the private use of his or her apartment.
- Decision of the general meeting: The general meeting may decide, by majority vote, to apportion legal fees differently if the situation justifies it. For example, in the event of a dispute between a co-owner and the syndicate, it may be decided that the costs will be borne solely by the parties in dispute.
4. Procedure for calling in a lawyer
The choice of lawyer to represent the syndicate of co-owners is generally made by the syndic, subject to approval by the general meeting of co-owners. The syndic then presents the lawyer's terms and conditions to the general meeting, which votes on the proposal.
Steps :
- Identifying the legal need: The syndic or co-owners identify the need to initiate legal proceedings.
- Selecting a lawyer: The syndic searches for specialized lawyers and obtains quotes.
- General meeting vote: The co-owners vote to approve the choice of lawyer and the payment of fees.
- Initiation of proceedings: The lawyer is appointed and legal proceedings are initiated.
5. Recourse against a co-owner
In certain cases, the syndicate can take legal action against a co-owner who fails to comply with the co-ownership by-laws or the decisions of the general meeting. The legal fees incurred for such proceedings may be recovered from the offending co-owner if the court so decides. However, these fees are initially advanced by the syndicate and divided between all co-owners before being recovered.
Conclusion
The question of payment of legal fees for proceedings in a condominium depends on the nature of the proceedings and the party involved. In general, the costs are borne by the syndicate of co-owners and divided among all the co-owners. However, there are exceptions, notably in the case of an individual dispute or a specific decision by the general meeting. It is therefore crucial for co-owners to fully understand these mechanisms in order to anticipate and manage any legal costs.
If you have any questions or require legal assistance, please do not hesitate to contact Lexelians. Our lawyers specialized in condominium law are at your disposal to advise and assist you in all your legal matters.
