Mandatory and essential to the proper functioning of the co-ownership, the by-law is a written document that sets out the rights and obligations of each. It is transmitted during the acquisition and must be brought to the attention of the tenant. Like any contract, the regulation is also sometimes the occasion of certain drifts which can harm the co-owners. Let's see what these problematic clauses are and how to get around them.
What is an abusive clause?
The concept of unfair terms exists only in a contract, or in this case a settlement between a professional and a non-professional. A clause is considered abusive since it contradicts the legal texts in force or creating an imbalance between rights and obligations that could harm co-owners or tenants. This assessment being sometimes very subjective, the French case law to itself considered certain clauses as abusive.
Here are some examples of so-called abusive clauses that may still exist in certain co-ownership regulations. In this case, they are considered unwritten.
- Prohibition of owning a pet
- Prohibition to rent his apartment to a third person
- Prohibition to use his apartment in order to exercise a liberal activity
- Suspension of heating or electricity for non payment of the charges of co-ownership
Abuse clause of the co-ownership rules: What are the recourses?
In order to avoid unfair terms in the co-ownership regulations, it should be vigilant at the time of writing initial Regulation. However, some regulations are very old, established without much attention or require updating.
In all cases, all the proposed amendments to the co-ownership regulations must be brought to the attention of the trustee in order to appear on the agenda of the general meeting before being validated by the co-owners by a double majority or unanimously depending on the case.
If the trustee refuses the amendment of the by-law or the recognition of an unfair term, it is always possible to bring legal action at the initiative of one or more co-owners.
However, do appeal to justice is not without consequences and it is rather advisable to try to solve the problems amicably.
Do not hesitate to do this contact your trustee directly, your union council or an association of co-owners who will guide you in your steps.