- The abusive nature of the condominium fees
- Possibility of appeal against abusive co-ownership charges
Buying a condominium property is a great adventure. However, this one can reserve bad surprises as for the invoicing of the common charges. What to do against the charges of abusive co-ownership? Here are a few tips.
The abusive nature of the condominium fees
The abusive nature of the common charges, which can be invoked by any co-owner, is assessed at different levels. In addition, there are:
- Distribution errors: The co-owner notes either that his share for general expenses is not representative and superior to the value of his lot in relation to the real estate complex, or that his share for special charges takes into account services or equipment having no potential utility for its good. In both cases, it pays more than it should not report to other co-owners;
- The overcharging of fees by the syndics of condominiums: Some of them, unscrupulous, tend to charge additional expenses while they are already included in the basic contract (holding General Meetings or the maintenance booklet, or management of archives for example).
Possibility of appeal against abusive co-ownership charges
The possibilities of appeal to challenge abusive co-ownership charges depend on the nature of these.
If the abuse results from an illegal distribution of the charges, the co-owner can first ask for the revision of the quotas in General Assembly of the co-owners, without a unanimous vote is required; a majority vote is enough.
However, if the co-owners come to express some reluctance, or even to refuse any modification, the co-owner can seize The court of first instance on which his property depends, which will then impose a distribution that is in conformity with reality. However, apart from being long and costly, this approach must be carried out within the prescribed time.
Concerning the charges overcharged by the trustees, the co-owners must not hesitate to dispute, but the regularizations can be tedious, in particular if the amounts in question have already been charged. Refusing the approval of the annual accounts or the granting of the discharge, or launching a procedure against the trustee, are possible solutions, which again require time and a certain budget.