OF THE CO-OWNERSHIP
LexInter | August 7, 2007 | 0 Comments

OF THE CO-OWNERSHIP

CHAPTER III: JOINT OWNERSHIP

—————————————- Chapter III inserted by art. 1st of the L. of July 8, 1924 (MB, 13 July).

 SECTION I: ORDINARY JOINT OWNERSHIP AND FORCED JOINT OWNERSHIP IN GENERAL

—————————————- The heading inserted by art. 1st of the L. of June 30, 1994 (MB, 26 July, Errat., Sept. 20), in force on August 1, 1995 (art. 11).

Article 577/2

  • 1.In the absence of agreements and special provisions, the ownership of a thing which belongs indivisibly to several persons is governed as follows:
  • 2. The undivided shares are presumed to be equal.
  • 3. The co-owner participates in the rights and charges of the property in proportion to his share.
  • 4. The co-owner may dispose of his share and encumber it with real rights.
  • 5. The co-owner may use and enjoy the common property in accordance with its destination and to the extent compatible with the rights of its consorts.

    He validly makes purely conservatory acts and acts of provisional administration.

  • 6. Other acts of administration and acts of disposal are valid only with the assistance of all the co-owners.Nevertheless, one of the co-owners can force the others to participate in administrative acts recognized as necessary by the judge.
  • 7. Each of the co-owners contributes to the useful expenditure of conservation and maintenance, as well as to the costs of administration, taxes and other charges of the common thing.
  • 8. The division of the common thing is governed by the rules established under Successions.
  • 9. Nevertheless, undivided immovable property which is assigned to the common use of two or more distinct inheritances belonging to different owners are not subject to division.

    The share in the undivided real estate can only be alienated, encumbered with real rights or seized with the inheritance from which it is inseparable.

    The expenses of this co-ownership, in particular the costs of maintenance, repair and repair, must be distributed according to the respective value of each private property, unless the parties decide to distribute them in proportion to the utility for each property. private, common goods and services giving rise to these charges. The parties can also combine the criteria of value and utility.

    The provisions of this paragraph are mandatory.

  • 10. In the case provided for in 9, each of the co-owners is free to modify the common thing at his own expense, provided that he does not change its destination and that he does not harm the rights of his consorts.
  • 11. […]

—————————————-Art. renumbered by art. 1st of the L. of June 30, 1994 (MB, 26July, Errat., Sept. 20), in force on August 1, 1995 (art. 11).9 replaced and 11 repealed by art. 1st of the L. of June 30, 1994 (MB,July 26, Errat., Sept. 20), in force August 1, 1995 (art. 11).

SECTION II: FORCED JOINT OWNERSHIP OF BUILDINGS OR GROUPS OF BUILT-IN BUILDINGS

—————————————- – Section II (art. 577-3 – 577-14) inserted by art. 2 of the L. of   June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force   August 1, 1995 (art. 11).   – Transitional provisions: see. art. 12 and 13 of L.   of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20).

 

SUBSECTION I: GENERAL PROVISIONS

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/3

    The principles relating to compulsory co-ownership set out in article 577-2, § 9, and the rules of this section, are applicable to any building or group of built buildings whose ownership is distributed among several people in lots each comprising a private built part and a share in common real estate elements. They do not apply if the nature of the goods does not justify it and all the co-owners agree on this exemption.

    Any building or group of built buildings to which these principles apply must be governed by a basic deed and co-ownership regulations.

    In the silence or the contradiction of titles, are deemed common the parts of buildings or land assigned to the use of all the co-owners or some of them.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/4

  • 1.The basic deed and the co-ownership regulations, which constitute the statutes of the building or of the group of built buildings, as well as any modification made to them, must be the subject of an authentic deed.

    The basic deed must include the description of the real estate complex, the private and common parts and the fixing of the share of the common parts relating to each private part, taking into account their respective value.

    The co-ownership regulations must include:

1 ° the description of the rights and obligations of each co-owner with regard to the private portions and the common portions;
2 ° the criteria and method of calculating the distribution of charges;
3 ° the rules relating to the method of convening, the functioning and the powers of the general meeting;
4 ° the method of appointing a trustee, the scope of his powers and the duration of his mandate.
  • 2. If it has been decided to establish internal regulations, they may be established by private deed.
  • 3. Any clause of the articles of association which limits the right of the co-owner to entrust the management of his lot to the person of his choice is deemed unwritten.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

SUBSECTION II: THE LEGAL PERSONALITY OF THE ASSOCIATION OF CO-OWNERS

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/5

  • 1.The association of co-owners acquires legal personality when the following two conditions are met:
1 ° the birth of joint ownership by the transfer or allocation of at least one lot;
2 ° the transcription of the basic deed and of the co-ownership regulations for the retention of mortgages. The plans of the building may be attached to it in the form of a copy certified by the notary.

   It bears the name: association of co-owners, followed by indications relating to the situation of the building or of the group of built buildings.

   It has its seat in the building. If it is a group of buildings, the basic deed determines which building constitutes the headquarters of the association.

  • 2. In the event of an omission or delay in the transcription of the articles of association, the association of co-owners may not claim legal personality with regard to third parties who will nevertheless have the right to make a statement against it.
  • 3. The association of co-owners may have no other heritage than the furniture necessary for the accomplishment of its object, which consists exclusively in the conservation and administration of the building or of the group of built buildings.
  • 4. Without prejudice to article 577-9, § 5, the execution of decisions condemning the association of co-owners may be prosecuted on the patrimony of each co-owner in proportion to his share in the common areas.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

SUBSECTION III: ADMINISTRATION OF THE BUILDING OR GROUP OF BUILT PROPERTIES

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/6

  • 1.Each owner of a lot is part of the general meeting and takes part in its deliberations.

    In the event of dismemberment of the right of ownership relating to a lot, or if it is the object of an ordinary joint possession, the right of participation in the deliberations of the general meeting is suspended until the interested parties designate the one. who will exercise this right.

  • 2. Without prejudice to article 577-8, § 4, 1, the general meeting may be convened on the initiative of one or more co-owners having at least one fifth of the quotas in the common areas.
  • 3. Subject to more stringent conditions set by the co-ownership regulations, the general meeting can only validly deliberate if more than half of the co-owners are present or represented and provided that they own at least half of the quotas in the common areas.

    If this quorum is not reached, a second general assembly will be convened after a period of at least fifteen days and may deliberate regardless of the number of members present or represented and the co-ownership quotas they hold.

  • 4. Each co-owner has a number of votes corresponding to his share in the common areas.
  • 5. Any co-owner may be represented by a proxy, member of the general meeting or not.

    No one may take part in the vote, even as a proxy, for a number of votes greater than the sum of the votes held by the other co-owners present or represented.

    The trustee cannot act as a representative of a co-owner at the general meeting, notwithstanding the right for him, if he is a co-owner, to participate in this capacity in the deliberations of the meeting.

  • 6. The decisions of the general meeting are taken by an absolute majority of the votes of the co-owners present or represented, unless the law or the statutes require a qualified majority or unanimity.
  • 7. No person authorized by the association of co-owners or employed by it may participate personally or by proxy in the deliberations and votes relating to the mission entrusted to him.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/7

  • 1.Subject to more stringent conditions set by the co-ownership regulations, the general meeting decides:

1 ° by a majority of three quarters of the votes:

at) any modification to the statutes insofar as it concerns only the enjoyment, use or administration of the common parts;
b) all work affecting the common areas, with the exception of those which may be decided by the trustee;
vs) the creation and composition of a management board whose mission is to assist the trustee and control his management;

2 ° by a majority of four-fifths of the votes:

at) any other modification to the articles of association, including the modification of the distribution of co-ownership charges;
b) the modification of the destination of the building or part of it;
vs) the reconstruction of the building or the restoration of the damaged part in the event of partial destruction;
d) any acquisition of real estate intended to become common;
e) all acts of disposal of common real estate.
  • 2. In the event of total or partial destruction, the compensation representing the destroyed building shall be allocated as a priority to reconstruction when this has been decided upon.

    Without prejudice to the actions taken against the owner, the occupant or the third party responsible for the loss, the co-owners are required, in the event of reconstruction or restoration, to participate in the costs in proportion to their share in the co-ownership.

  • 3. It is decided unanimously by the votes of all the co-owners on any modification of the distribution of co-ownership quotas, as well as on any decision of the general assembly for the total reconstruction of the building.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/8

  • 1.When not appointed by the co-ownership regulations, the trustee is appointed by the first general meeting or, failing that, by decision of the judge, at the request of any co-owner.

    If he has been designated in the co-ownership regulations, his mandate automatically expires at the first general meeting.

    In any case, the mandate of the trustee may not exceed five years, but is renewable.

    Subject to an express decision of the general meeting, he may not enter into any commitment for a term exceeding the duration of his mandate.

  • 2. An extract from the deed designating or appointing the trustee is displayed within eight days thereof in an unalterable and visible manner at any time at the entrance to the building, seat of the association of co-owners.

    The extract indicates, in addition to the date of designation or appointment, the surname, first names, profession and domicile of the trustee or, in the case of a company, its form, name or corporate name as well as its the head office. It must be supplemented by any other information allowing any interested party to communicate with him without delay and in particular the place where, at the headquarters of the association of co-owners, the internal regulations and the register of decisions of the general meeting can be consulted.

    The extract is displayed at the behest of the trustee.

  • 3. When service cannot be made in accordance with article 35 of the Judicial Code, it shall be made in accordance with article 38 of the same Code.

    The registered letter referred to in Article 38, § 1, paragraph 3, must then be sent to the domicile of the liquidator.

  • 4. Whatever the powers conferred on him by the co-ownership regulations, the trustee is responsible for:
1 ° to convene the general meeting on the dates fixed by the co-ownership regulations or at any time when a decision must be taken urgently in the interest of the co-ownership;
2 ° to record the decisions of the general meeting in the register referred to in article 577-10, § 3;
3 ° to carry out and have these decisions carried out;
4 ° to perform all conservatory acts and all acts of provisional administration;
5 ° to administer the funds of the association of co-owners;
6 ° to represent the association of co-owners, both in court and in the management of common affairs;
7 ° to provide the statement of debts referred to in article 577-11, § 1, within fifteen days of the request made to him by the notary;
8 ° to communicate to any person occupying the building by virtue of a personal or real right but not having the right to vote at the general meeting, the date of the meetings in order to allow him to formulate in writing his requests or observations relating to the common parts which will therefore be communicated to the assembly.
  • 5. The trustee is solely responsible for its management;he may not delegate his powers without the agreement of the general meeting and only for a period or for specific purposes.
  • 6. The general meeting can always dismiss the trustee.It may likewise, if it deems it appropriate, appoint a provisional trustee for a period or for specific purposes.
  • 7. In case of impediment or failure of the trustee, the judge may appoint a provisional trustee, for the period he determines, at the request of a co-owner.

    The syndic must be called to the cause by the applicant.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

SUBSECTION IV: LEGAL ACTIONS – ADVERTISING – OPPOSABILITY AND TRANSMISSION

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/9

  • 1.The association of co-owners has standing to take legal action, both asking and defending.

    Any co-owner may nevertheless exercise alone the actions relating to his lot, after having informed the trustee, who in turn informs the other co-owners.

  • 2. Any co-owner can ask the judge to annul or reform an irregular, fraudulent or abusive decision of the general meeting.

    This action must be brought within a period of three months starting from the moment when the person concerned became aware of the decision. The co-owner regularly convened is presumed to have taken cognizance of the decision at the time of its adoption by the general meeting.

  • 3. Any co-owner may also ask the judge to order the convening of a general meeting within the time limit that the latter sets in order to deliberate on the proposal that the said co-owner determines, when the trustee neglects or abusively refuses to do so.
  • 4. When, within the general assembly, the required majority cannot be reached, any co-owner may obtain authorization from the judge to accomplish alone, at the expense of the association, urgent and necessary work affecting the common areas. .

    He may, likewise, obtain authorization to carry out work that is useful to him at his own expense, even if they affect the common areas, when the general meeting opposes it without just cause.

  • 5. As soon as he has brought one of the actions referred to in §§ 3 and 4, and provided that it is not unsuccessful, the plaintiff is released from all liability for any damage which may result from the lack of decision.
  • 6. Any co-owner may ask the judge to rectify:
1 ° the distribution of the quotas in the common portions, if this distribution has been calculated incorrectly or if it has become inaccurate as a result of modifications made to the building;
2 ° the method of apportioning the charges if this causes it specific damage, as well as the calculation of these if it is inaccurate or if it has become inaccurate as a result of modifications made to the building.
  • 7. When a minority of co-owner abusively prevents the general meeting from taking a decision by the majority required by law or by the statutes, any injured co-owner may also apply to the judge, so that the latter can replace the judge. the general assembly and take the required decision in its place.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/10

  • 1.The provisions of the statutes can be directly opposed by those to whom they are opposable and who are holders of a real or personal right on the building in co-ownership.
  • 2. The internal regulations are filed, within one month of their drafting, at the headquarters of the association of co-owners, at the initiative of the trustee, or, if the latter has not yet been appointed, at the initiative of its author.

    The trustee immediately updates the internal rules according to the modifications decided by the general meeting.

    The internal regulations can be consulted on site and free of charge by any interested party.

  • 3. The decisions of the general meeting are recorded in a register deposited at the headquarters of the association of co-owners.

    This register can be consulted on site and free of charge by any interested party.

  • 4. Any provision of the internal regulations and any decision of the general meeting may be directly opposed by those against whom they are opposable.

    They are also enforceable against any person holding a real or personal right over the condominium building and against any holder of an occupancy permit, under the following conditions:

1 ° with regard to the provisions and decisions adopted before the grant of the real or personal right, by the communication which is obligatorily made to him by the grantor at the time of the grant of the right, of the existence of the internal regulations and of the register referred to in § 3 or, failing that, by the communication made to it at the initiative of the trustee, by registered letter; the grantor is responsible, vis-à-vis the association of co-owners and the concessionaire of the real or personal right, for the damage resulting from the delay or the lack of communication;
2 ° with regard to the provisions and decisions adopted after the granting of personal rights or the birth of real rights, by the communication which is made to him, at the initiative of the trustee, by registered letter by post.

   This communication should not be made to those who have the right to vote at the general meeting.

   Any person occupying the building built by virtue of a personal or real right but not having the right to vote at the general assembly, can however ask the judge to cancel or to reform any provision of the internal regulations or any decision of the general meeting adopted after the birth of the right, if it causes it specific prejudice.

    The action must be brought within three months of the communication of the decision.

    The judge may, before deciding right and at the request of the applicant, order the suspension of the contested provision or decision.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/11

  • 1.In the event of transfer of ownership of a lot, the acting notary is required to request, by registered letter, from the trustee of the association of co-owners the state:
1 ° the cost of conservation, maintenance, repair and overhaul expenses decided by the general meeting before the date of transmission, but the payment of which does not become due until after that date;
2 ° costs related to the acquisition of common areas, decided by the general meeting before the date of transmission but the payment of which does not become due until after that date;
3 ° certain debts owed by the association of co-owners as a result of disputes arising before the date of transmission, but the payment of which does not become due until after that date.

   The notary informs the parties.

   In the absence of a response from the trustee within fifteen days of the request, the notary shall notify the parties of the latter’s deficiency.

   Without prejudice to contrary agreements with regard to the contribution to the debt, the new co-owner bears the amount of these debts as well as the ordinary charges relating to the period after the date of transmission.

  • 2. In the event of transfer of ownership of a lot:
1 ° the outgoing co-owner is a creditor of the association of co-owners for the part of his share in the working capital corresponding to the period during which he did not actually enjoy the common parts; the statement is drawn up by the trustee;
2 ° its share in the reserve fund remains the property of the association.

By working capital is meant the sum of the advances made by

the co-owners, as a provision, to cover periodic expenses such as heating and lighting costs for common areas, management and concierge costs.

    The term reserve fund is understood to mean the sum of periodic contributions of funds intended to meet non-periodic expenses, such as those occasioned by the renewal of the heating system, the repair or renewal of an elevator or the installation of a new roof screed.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

SUBSECTION V: DISSOLUTION AND LIQUIDATION

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/12

    The association of co-owners is dissolved as soon as the state of joint ownership ceases, for any reason whatsoever.

    The destruction, even total, of the building or of the group of built buildings does not in itself lead to the dissolution of the association.

    The general meeting of the co-owners can only dissolve the association with the unanimous vote of all the co-owners. This decision is recorded by authentic instrument.

    The judge pronounces the dissolution of the association of co-owners, at the request of any interested party who can show just cause.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/13

  • 1.The association of co-owners is, after its dissolution, deemed to exist for its liquidation.

    All documents from a dissolved co-owners association mention that it is in liquidation.

  • 2. Unless otherwise provided in the articles of association or in an agreement, the general meeting of co-owners determines the method of liquidation and appoints one or more liquidators.

    If the general assembly fails to make these appointments, the trustee is responsible for liquidating the association.

  • 3. Articles 181 to 188 and 195 of the coordinated laws on commercial companies apply to the liquidation of the association of co-owners.
  • 4. The closing of the liquidation is recorded by a notarial deed transcribed at the custody of mortgages.

    This act contains:

1 ° the place designated by the general meeting, where the books and documents of the association of co-owners will be kept for at least five years;
2 ° the measures taken with a view to the deposit of the sums and values, due to the creditors or to the co-owners and of which the delivery could not be made to them.
  • 5. All actions against co-owners;the association of co-owners, the trustee and the liquidators are prescribed by five years, from the transcription provided for in § 4.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

SUBSECTION VI: IMPERATIVE CHARACTER

—————————————- Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat., MB, Sept. 20), in force August 1, 1995 (s. 11).

Article 577/14

    The provisions of this section are mandatory.

—————————————-Inserted by art. 2 of the L. of June 30, 1994 (MB, July 26, Errat.,MB, Sept. 20), in force August 1, 1995 (s. 11).

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