The Real Rights Code in Tunisia: Foundations of Condominium

Building management in Tunisia is not just a question of good neighborliness, it is a legal obligation governed by the Real Rights Code (CDR). Whether you are a co-owner in Tunis, Sousse or Sfax, these rules apply automatically.

1. The Owners' Syndicate (Art. 89)

As soon as a building is divided into floors or apartments belonging to several people, an Owners' Syndicate is automatically constituted. This syndicate has civil legal personality and is responsible for:

• The conservation and administration of the building.
• The management and maintenance of the common parts.
• Legal representation before administrations and the courts.

2. The Condominium Regulations (Art. 90)

Each condominium must adopt regulations based on a standard model approved by decree. This document is crucial because it binds all current and future owners. It must be deposited with the local authority and mentioned on the land titles.

3. The Role of the President and the Professional Syndic (Art. 97)

The president of the syndicate is the legal representative. However, Tunisian law now allows all or part of his missions to be entrusted to a Professional Real Estate Syndic.

4. The General Meeting and Decision-making

Important decisions are taken at the GM. Some key rules according to article 92:

• Quorum: Presence of half of the owners required for the validity of the first assembly.
• Majority: If the quorum is not reached, a second assembly can decide by a majority of those present, regardless of their number.
• Weighting: The number of votes corresponds to the fraction of the common parts, with a cap to prevent a single owner from totally dominating the debates.

5. Recovery of Charges and Payment Injunction

Article 97 offers a powerful tool to the syndic: the payment injunction procedure. If a co-owner is late in paying his charges, he can be forced through legal channels. The injunction is enforceable 24 hours after its notification, and the appeal is not suspensive.