Co-ownership in France is governed by the Act of 10 July 1965 and its implementing decree of 17 March 1967, which regulate the relations between co-owners, the co-owners' association (syndicat) and the managing agent (syndic).
Miraï Avocats advises and represents co-owners, co-owners' associations and professional managing agents in all disputes and matters arising under co-ownership law, before the competent Civil Court.
The Co-ownership Framework
Co-ownership Regulations and Descriptive Division Statement
The co-ownership regulations are the founding document defining the intended use of the building, the allocation of private and common areas, the rights and obligations of co-owners, and the governance arrangements of the co-owners' association. The firm analyses co-ownership regulations, identifies unlawful or outdated clauses, and assists associations in updating or amending the regulations.
Change of Use of Private Units
Any change of use of a private unit (converting commercial premises to residential, an apartment to offices, etc.) must comply with the intended use of the building as defined by the co-ownership regulations. The firm analyses the feasibility of such conversions and represents co-owners at general meetings or, in cases of dispute, before the courts.
General Meetings of Co-owners
Validity of Notices and Resolutions
The general meeting is the decision-making body of the co-ownership. Its resolutions are only valid if the rules on notice (21-day notice period, precise agenda, mandatory annexes), quorum and majority are observed. The firm reviews the regularity of general meetings and, where appropriate, brings nullity proceedings against irregular resolutions within the statutory two-month period.
Challenging General Meeting Resolutions
Any co-owner who voted against or was absent from a general meeting may challenge resolutions within two months of their notification. The firm assesses the merits of a challenge, drafts the claim and represents the co-owner before the Civil Court. It also acts to defend the validity of resolutions where nullity proceedings are brought by a third party.
Service Charges and Managing Agent
Recovery of Unpaid Service Charges
Unpaid service charges undermine the financial stability of the co-owners' association. The law provides the association with effective recovery mechanisms: formal demand, payment order, and enforcement against the defaulting co-owner's share of the property. The firm assists associations in these proceedings and advises indebted co-owners on arrangements to settle their arrears.
Managing Agent Liability and Removal
A professional managing agent acts as the co-owners' association's agent. Liability may be engaged where management is deficient: failure to obtain insurance, failure to collect service charges, carrying out works without a general meeting resolution, irregular accounting. The firm represents associations in liability claims against managing agents and assists with removal and change of managing agent procedures.
Disputes Between Co-owners
Disputes between co-owners are common: encroachment on common areas, unauthorised alterations to private units, nuisance, neighbourhood disturbances, and breach of the co-ownership regulations. The firm represents co-owners in these proceedings, before the emergency judge for urgent relief and before the Civil Court on the merits, seeking where necessary restoration of the property and an award of damages.
Works to Common and Private Areas
Works affecting the common areas or the external appearance of the building require authorisation from the general meeting. In the absence of such authorisation, the association may obtain restoration at the defaulting co-owner's expense. The firm advises co-owners on works they may carry out without authorisation (improvements to private units not affecting common areas) and represents parties in cases of dispute.