How does a court hearing on a dispute between the co-ownership and a co-owner work?
How does a court hearing on a dispute between the co-ownership and a co-owner work?
Disputes between condominium owners and co-owners are frequent, and can involve a wide range of issues: non-payment of charges, disputed works, disturbances of use, or disputes relating to the condominium by-laws. When a dispute cannot be resolved amicably, a court hearing becomes unavoidable. But how exactly does a court hearing work in this specific context? This article provides a step-by-step guide.
1. The legal framework: the competent court
The choice of court depends on the nature of the dispute:
- Judicial tribunal: competent for condominium disputes, regardless of the amount at stake.
- Juge des contentieux de la protection: for disputes relating to condominium charges if the amount is less than 10,000 euros.
The judicial court is the court of first instance. For condominium disputes, this is generally the court located within the jurisdiction of the building concerned.
2. Before the hearing: the preparatory stages
a) Referral to the court
The condominium manager, mandated by the general meeting of condominium owners, initiates legal proceedings. This can take two forms:
- Assignation en justice: delivered by a bailiff to the co-owner in question.
- In urgent cases (serious disturbances, unpaid bills threatening the co-ownership's financial equilibrium).
The co-owner can also take legal action against the co-ownership.
b) Preparing files
The parties must compile their file, which includes :
- Supporting documents (extracts from condominium by-laws, general meeting resolutions, correspondence, etc.).
- Legal and factual arguments (reasons for the dispute and relevant articles of law).
c) Is a lawyer compulsory?
In complex or high-stakes cases, legal representation is strongly recommended. However, for disputes involving less than €10,000, legal representation is not mandatory.
3. The hearing process
a) Welcoming the parties
On the day of the hearing, the two parties - the co-ownership represented by the syndic or his lawyer, and the co-owner - appear in court at the appointed time. The judge calls up the cases on the roll (the list of cases to be dealt with that day).
b) Facts and positions
Each party states its position:
- The plaintiff (for example, the co-ownership) begins by presenting the facts, the background to the dispute and its claims (payment of charges, damages, etc.).
- The defendant (the co-owner) replies, presenting his arguments and, where appropriate, his own claims (cancellation of work, disputed charges, etc.).
Exchanges are framed by the judge, who can ask questions to clarify certain points.
c) Proofs and arguments
Each party must support its arguments with evidence:
- For condominiums: these may include minutes of general meetings, statements of charges or technical surveys.
- For the co-owner: letters, proof of payment or expert reports can be produced.
d) Judicial intervention
The judge's role is to ensure the fairness of the proceedings. He or she may interrupt the parties to ask for clarification, check the conformity of the elements produced and ensure that the procedure is respected.
4. After the hearing: the court's decision
a) Deliberations
At the end of the debates, the judge closes the hearing and informs the parties of the date on which he will hand down his decision. This period, known as deliberation, can last from a few weeks to several months.
b) Notification of judgment
Once the decision has been rendered, it is transmitted to the parties by bailiff or by judicial notification. The judgment specifies :
- Any penalties (payment of charges, damages, penalty payments, etc.).
- Legal costs to be borne by either party.
5. Possible consequences: enforcement and recourse
a) Execution of the judgment
If the condemned co-owner fails to comply with the judgment (for example, by not paying the amounts due), the co-ownership may resort to compulsory execution measures, such as :
- Seizure of bank accounts.
- Foreclosure.
b) Remedies
In the event of disagreement with the judgment, the parties may appeal within one month. The case will then be re-examined by the Court of Appeal.
6. Specific features of current disputes
a) Unpaid service charges
This is one of the most frequent disputes. If the co-owner is convicted, he will have to pay :
- Late charges.
- Interest on late payments.
- Costs of proceedings (article 700 of the French Code of Civil Procedure).
b) Disturbance of enjoyment
These disputes concern noise pollution, unauthorized work or abusive occupation of common areas. The judge may order the cessation of the disturbance, subject to a fine.
c) Contested work
If a co-owner contests work voted on at a general meeting, the judge verifies the conformity of the decisions with the co-ownership regulations and the law.
7. Practical tips for getting ready
- Anticipate conflicts: opt for amicable resolution or mediation before considering legal proceedings.
- Put together a solid file: gather all the necessary evidence, such as official documents, written exchanges or expert reports.
- Respect deadlines: respond promptly to summonses and meet court deadlines.
- If in doubt, consult a lawyer specializing in condominium law.
Conclusion
A court hearing in a dispute between a condominium corporation and a co-owner may seem intimidating, but it follows a rigorous framework to ensure the fairness of the proceedings. To maximize your chances of success, careful preparation is essential. When in doubt, don't hesitate to call on competent professionals to guide you every step of the way.
