If it is possible to contest the co-ownership regulations of the building, the legal action can be brought only under certain conditions. Questionable clauses, court concerned... useful information to find in this article.
Is it possible to dispute a condo rule?
The co-ownership regulation is a mandatory contractual document that any co-owner of the building agrees to respect. It sets the rules of operation of the property and dictates the rights and obligations of each.
However, this regulation may be the subject of one or more disputes, if it presents clauses contrary to the law. In fact, a co-ownership regulation can not in any case include provisions that go against the legal texts (which remain predominant).
Any co-owner therefore has a right to challenge. Here he has to call a professional through which he takes the case to the court in charge of this type of case.
The clauses of the co-ownership by-law that may be contested:
- contrary clauses public order or morality
- clauses imposing restrictions unjustified to the right of ownership
- clauses that do not meet standards governing the co-ownership.
Potential outcome: at the end of the case, their rewriting can be imposed.
In practice, how to challenge a condo rule?
A first solution is offered to the co-owner who wishes to challenge the content of the co-ownership regulations. He can here bring the matter to the agenda of a general meeting which then opens the question to a vote that may lead to the deletion of the disputed clause.
But the involvement of the justice becomes inevitable in case of resistance of the majority of the co-owners.
- Do we need the services of a professional?
The co-owner at the origin of the dispute must imperatively call on a lawyer, the only one competent in the matter.
- Who is in charge of legal costs?
The co-owner responsible for the action is responsible for the payment of court fees.
- What is the deadline for bringing this type of action?
Any lawsuit that relates to the property may be brought within thirty years.
- Before which court will the case be brought?
The competent court here is the High Court of the place of situation of the building.