Co-ownership responsibilities: rights, duties and obligations
Co-ownership is based on a collective organization in which each player plays a specific role. Co-owners, the syndic and the conseil syndical have responsibilities defined by law and the co-ownership by-laws. Understanding these obligations is essential to ensure the proper management of the building and the preservation of a harmonious living environment.
In this article, we detail the missions and duties of each co-owner in order to clarify their role and avoid conflicts.
1. Co-owners' responsibilities
Co-owners are both owners of their private lots and co-responsible for the common areas. As such, they have specific rights and obligations.
1.1. Payment of condominium charges
Each co-owner must pay condominium charges, which cover the building's maintenance, repair and management expenses. These charges are divided into two categories:
- General expenses: these cover maintenance of common areas, insurance, management fees, etc.
- Special charges: these relate to the use of certain facilities (elevator, collective heating, etc.) and concern only those co-owners who benefit from them.
Condominium owners who fail to pay their service charges risk legal action, up to and including seizure of their property.
1.2. Compliance with condominium regulations
The condominium bylaws define the rules of community life and the obligations of each individual. In particular, they specify :
- Rights and restrictions on use of private and common areas
- Work rules
- Obligations regarding parking, noise pollution and use of common areas
All condominium owners are required to comply with these rules, failing which they may be penalized.
1.3. Maintenance of private areas
Each co-owner is responsible for the upkeep of his or her own unit, to avoid damage that could affect the whole building. For example, an unrepaired water leak in a private lot can cause damage to the common areas and engage the responsibility of the owner concerned.
1.4. Attendance at shareholders' meetings
Decisions concerning condominiums are taken at the Annual General Meeting (AGM). Every co-owner has the right and the interest to take part in these meetings to vote on budgets, works and other important resolutions. If you are unable to attend, you can give your proxy to another co-owner.
2. The responsibilities of the condominium manager
The syndic is the condominium manager. He or she may be a professional or a volunteer co-owner elected by the general meeting. His missions are defined by law.
2.1. Administrative and accounting management
The syndic ensures :
- Calling and organizing shareholders' meetings
- Managing condominium accounting
- Determining and apportioning expenses
- Implementing decisions voted at the Annual General Meeting
2.2. Maintenance and repairs
The building manager is responsible for the building's day-to-day upkeep and for carrying out any necessary work. He must :
- Carry out emergency repairs (leaks, elevator breakdowns, etc.)
- Request estimates and submit them to the vote of co-owners for major works
- Follow-up on projects approved at general meetings
2.3. Collection of unpaid charges
In the event of non-payment of charges, the syndic must :
- Sending reminders to debtors
- If necessary, initiate collection proceedings (formal notice, payment order)
- Go to court as a last resort, leading to foreclosure
2.4. Application of the condominium by-laws
The syndic is responsible for ensuring compliance with the condominium by-laws. He can intervene in the event of infringements (nuisance, unauthorized work, etc.) and take legal action if necessary.
3. The role of the union council
The syndic's council is made up of co-owners elected at the general meeting. Its role is to assist and supervise the managing agent.
3.1. Controlling the management of the managing agent
The syndic's council verifies the financial and administrative management of the managing agent. It analyzes accounts and contracts, and can ask for explanations if expenses are deemed excessive.
3.2. Advice and assistance to co-owners
Prior to a general meeting, the union council may :
- Review work specifications and advise co-owners on the best options
- Propose alternative management solutions
- Negotiating with the management company to improve condominium management
3.3. Mediation in the event of a dispute
In the event of disagreement between co-owners or with the managing agent, the management committee can act as mediator to avoid escalation into legal proceedings.
4. Tenants' responsibilities in condominiums
Even if they are not owners, tenants must comply with certain condominium rules.
4.1. Compliance with internal regulations
Tenants must comply with the condominium bylaws, particularly with regard to noise pollution, use of common areas and building work.
4.2. Payment of rental charges
The tenant is required to pay recoverable charges, which include :
- Maintenance of common areas
- Lighting and collective heating
- Caretaking and green spaces
These charges are passed on by the landlord and specified in the lease.
4.3. Liability for damage
Tenants are responsible for any damage they cause to their dwelling or communal areas. They must inform their landlord of any problems requiring intervention.
5. In the event of conflict: who is responsible?
Disputes in condominiums may concern unpaid charges, nuisances, non-conforming work... Depending on the case, different solutions exist:
- Disputes between co-owners: mediation can be attempted via the syndicate council or the managing agent.
- Disputes with the managing agent: in the event of mismanagement, the general meeting can vote to change the managing agent.
- Dispute with a tenant: the owner is responsible to the co-ownership.
If dialogue does not suffice, legal proceedings may be instituted before the magistrates' court.
Conclusion: preserving the balance
Managing a condominium depends on the commitment of each player. Co-owners, the managing agent and the management board must all respect their obligations to ensure the smooth running of the building. Good communication and knowledge of the rules help avoid conflicts and ensure harmonious cohabitation.
If you are a co-owner or a member of the management committee, make sure you know your rights and duties so you can defend the interests of the co-ownership and improve the management of your building.
