Civil law

Challenge the distribution of property charges

The law provides for the circumstances and procedures for contesting charges. This dispute may relate to the distribution thereof. It can take place directly with the trustee, or the judge.

Calculating the distribution of charges
The individual share of total expenses of the building shall be calculated in proportion to the directors of thousandth of each owner. The number of directors’ takes into account the value of each lot, and not just its area. For the same area, an apartment on the ground floor street will be less than royalty that an apartment well exposed to the last floor.

Legally, the calculation of royalties from each lot may depend only on:

  • its surface;
  • consistency;
  • its spatial location.

So there are irregular calculations based on the destination of the room. Thus, some condominium regulations illegally encumber lots more heavily in the building that is destined for professional or commercial.

A co-owner is entitled to challenge its count does not correspond to its share of royalties. He may also, if the work involved in a call for funds is not relevant to his room. Typically, if the slot is on the ground floor, its contribution to the lift must be smaller than that of an equivalent lot on the top floor.

Having passed the accounts to the general meeting of owners does not prohibit attacks on the load distribution thereafter. Indeed, the accounts can be quite accurate. The owner is not disputed that their distribution and their ‘share.

Terms of protest
Challenge its share is naturally carried to the managing agent. This request must be made within the period of two months after receipt of the minutes of the general meeting. The owner submits an application for rectification. The law requires it to be passed unanimously.

If unsuccessful, the owner must apply to the High Court. Legislators submit this to an alternative condition:

  • disputed share must be greater than 25% of expected;
  • or other co-owner has a lower share of 25% in the amount it should have paid.

Delays in referral to the court is 5 years after the publication of the regulation of condominium property file. This period is 2 years after the first sale of the lot.

Effects of the decision
The judge may call in an expert to help him make his decision. If it grants the application, it sets itself a new load distribution. This is necessary in the trustee, but is not retroactive, and therefore concerns only future calls. The previous charges remain due as calculated by the trustee. Your lawyer or notary will eventually pay the money if you do not want to pay an interim basis.