MIRAÏAvocats

Real Estate Law

Co-ownership lawyer in Paris: asserting your rights

General meetings, service charges, managing agents, co-ownership regulations, advice and litigation for co-owners and management companies.

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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).

A co-ownership lawyer in Paris, Maître Léa Scemama advises and represents co-owners, co-owners' associations and professional managing agents. She acts in every dispute arising under co-ownership law, before the competent Civil Court.

See all our work in real estate law.

How we work

Your situationWhat we doWhat you receive
You have just received the minutes of a meetingChecking the convening notice, the majorities and the content, calculating the time leftAn opinion on the prospects of success before the two months expire
You want to challenge a resolutionProceedings to annul, and representation before the Civil CourtProceedings brought in time, on the grounds selected
The co-ownership faces arrearsFormal demand, acceleration of the year's instalments, expedited proceedings, registration of the securityRecovery under way and the debt secured
A co-owner has carried out unauthorised worksFormal notice, interim or substantive proceedings for reinstatementA targeted claim with an application for reinstatement
The managing agent is failingAnalysis of the breaches, liability claim, support through the removal processA documented case file

Our billing arrangements are set out on our fees page.

The co-ownership framework

Co-ownership regulations and descriptive division statement

The co-ownership regulations are the founding document of the building. They define four things: the intended use of the building, the allocation of private and common areas, the rights and obligations of co-owners, and how the association is run. The firm analyses these regulations, identifies unlawful or outdated clauses, and assists associations in updating or amending the regulations.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. It acts before the emergency judge for urgent relief and before the Civil Court on the merits. Where necessary, it seeks 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.

Why instruct a lawyer for co-ownership matters?

Co-ownership law combines mandatory rules, strict deadlines and power dynamics within the syndicate. A questionable general meeting resolution, unpaid charges or a failing managing agent call for a prompt, well-founded response. A lawyer secures your decisions, observes the challenge deadlines and defends your rights, whether you are a co-owner, a council member or a managing agent.

Frequently asked questions

How can you challenge a general meeting resolution?

A dissenting or absent co-owner may apply to the court within two months of notification of the minutes. After that, the resolution becomes final, so acting promptly is essential.

Who pays the service charges?

Each co-owner contributes according to their share (tantièmes) for general charges, and according to the usefulness of the service for special charges such as the lift or communal heating.

Can the managing agent be dismissed?

Yes, the general meeting may dismiss the managing agent on a legitimate ground, and the agent may be liable for fault. The council of co-owners plays a key role in this oversight and in preparing the decision.

What can be done about unpaid charges?

The co-owners' association may pursue recovery through formal notice, a payment order or court proceedings. It benefits from a special property lien securing payment of the charges over the debtor's lot.

Related expertise

The firm also assists with property disputes, property transactions and residential leases.

In the same area of law

Written by Maître Léa Scemama, admitted to the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.

Contact

Co-owner or management body?

Maître Léa Scemama will assess your situation and represent you in all co-ownership proceedings.