Commandement de Payer en Copropriété: Procedure and Authorized Actors
In condominiums, the collection of service charges is a major issue for the smooth running of the building. When a co-owner fails to pay his charges, the condominium manager must act quickly to avoid financial difficulties for the condominium. One of the first steps in forcing a debtor co-owner to pay his debts is to issue a summons to pay.
But what is a summons to pay? Who can issue it? What is the exact procedure? This article provides detailed answers to these questions, to help union council members and real estate professionals understand this essential legal process.
1. Definition of Commandement de Payer
A summons to pay is an official legal document, usually issued by a bailiff (commissaire de justice), summoning a debtor to pay a debt within a certain timeframe. In condominiums, this summons is used to demand payment of unpaid service charges.
This is a formal document that constitutes a formal notice with a significant legal effect. If payment is not received within the allotted time, the property manager can initiate legal proceedings to recover the sums due.
A summons to pay is a prerequisite for taking certain legal actions, such asregistering a legal mortgage on the lot of the debtor co-owner, or initiating a real estate seizure.
2. Who can issue a payment order?
Issuing a summons to pay follows a strict procedure and can only be carried out by authorized professionals.
The condominium manager: requesting the order
The condominium manager is responsible for managing the condominium's finances, and is therefore the first party involved in the collection of charges. When a co-owner is in arrears, the syndic must first send out amicable reminders.
If these remain ineffective, the syndic can then appoint a bailiff (commissaire de justice) to issue a summons to pay.
The bailiff (commissaire de justice): the only person authorized to deliver the deed
A summons to pay can only be issued by a bailiff, also known as a commissioner sincethe reform of the profession.
Bailiff:
- Draw up the deed, specifying the amount due and the debt references.
- Officially delivers it to the debtor co-owner (service of the deed).
- Informs the syndic of the completion of the procedure.
The bailiff's role is crucial, as it guarantees that the procedure is carried out in compliance with legal rules.
3. Step-by-step Order to Pay procedure
Stage 1: Amiable reminders
Before taking any legal action, the syndic should try to resolve the situation amicably:
- Sending an initial reminder: a simple reminder by post or e-mail.
- Second reminder by registered mail with acknowledgement of receipt if the first has gone unanswered.
- Formal notice sent by registered letter with acknowledgement of receipt specifying the amount due and a final deadline for payment.
If these steps are unsuccessful, the syndic moves on to the next stage.
Step 2: Referral to a Bailiff and issuance of the Order to Pay
The property manager appoints a bailiff to draw up and serve the summons to pay. This document specifies :
- The identity of the debtor co-owner.
- The exact amount due (unpaid charges, penalties, any fees).
- The deadline for regularizing the situation (usually 30 days).
- A statement to the effect that failure to pay will result in legal action.
This order is an official document that constitutes proof in the event of a dispute.
Step 3: Registration of a Legal Mortgage (if non-payment)
If the co-owner still fails to pay after the deadline, the syndic can register a legal hypothec on his lot. This registration must be made within 2 years of the issuing of the summons to pay.
Step 4: Seizure and sale of the property (if necessary)
If, despite registration of the mortgage, the co-owner still fails to settle his debt, the syndic can initiate a property seizure procedure. This is an onerous step, but sometimes necessary to protect the interests of the co-ownership.
4. Consequences of a payment order for the debtor co-owner
A co-owner who receives a summons to pay must act quickly or face serious consequences:
- Debt increase: interest and collection costs are added to the original amount.
- Legal mortgage on your property: which complicates any resale.
- Legal action: may result in seizure of the property.
- Poor relations with the co-ownership: creating tensions within the building.
5. Can I contest a payment order?
The debtor co-owner may contest the summons to pay in certain cases:
- Amount error: if the amount requested is incorrect.
- Statute of limitations: in general, condominium charges are statute-barred after 5 years.
- Procedural defect: for example, if the syndic has not followed the mandatory steps.
The dispute must be brought before the judicial court.
6. Tips for building owners' councils and trustees
- Act quickly: don't let debts pile up.
- Favour amicable solutions: sometimes a simple exchange can resolve the situation.
- Calling on a lawyer in the event of a dispute: to avoid procedural errors.
- Keep accurate condominium accounts: rigorous management reduces the risk of non-payment.
Conclusion
The "commandement de payer" (order to pay) is a key procedure for ensuring the smooth financial running of a co-ownership. It is a final warning before more restrictive measures such as registration of a mortgage or seizure of the property.
Issued exclusively by a bailiff, it must be preceded by an amicable phase and comply with a strict legal framework. For condominiums, it is essential to act rigorously and methodically to avoid late payments and ensure sound management of charges.
If you're a member of a syndicate council or a real estate professional, make sure you've mastered this procedure to protect your co-ownership from unpaid bills.
