Real Rights Code: Articles 85 to 102 (Condominium)

When the built building or the group of built buildings is owned by several persons and includes several floors or apartments or commercial or professional or other premises belonging privately to a single person or several persons. These are presumed co-owners of the land on which the building is erected, as well as its common parts which are not intended for exclusive use, or for the interest of one of them.

Are considered common the parts of the constructions, as well as the grounds, areas, spaces, corridors, passages, equipment, pipes, security premises, elevators, stairs, terraces, patios and other parts and components intended for use or enjoyment by all owners or some of them, as long as the contrary has not been specified in the title of ownership.

The dividing walls between two apartments or premises are common property between their owners.

These provisions as well as the following provisions apply to real estate complexes that constitute an integrated architectural unit comprising common parts and amenities within the meaning of the second paragraph of this article.

The condominium of buildings divided by floors or by apartments is governed by the same rules as joint ownership and dividing walls subject to the following provisions.

Each of the owners may freely use the common parts of the building according to their destination and without hindering the rights of the other owners. In the absence of an agreement to the contrary, he has, in the common parts, rights proportional to his divided share in the building.

Every owner must participate in the costs of conservation, maintenance, repair and administration of the common parts. His contribution to the charges is, unless otherwise agreed, proportional to his divided share in the building.

All the owners referred to in the first paragraph of article 85 of this code are constituted automatically and by virtue of this law into a syndicate of owners endowed with civil personality, and a president who is its legal representative, responsible for representing it in court as plaintiff or defendant, as well as with various administrations and public enterprises.

The president of the syndicate is chosen in accordance with the provisions of article 97 of this code.

The president of the syndicate may be assisted by a committee composed of three to nine owners chosen from among them by the majority set in article 91 of this code.

The syndicate of owners is responsible in particular for the conservation of the building or real estate complex, the management and maintenance of the common parts, in accordance with the provisions of this code, and the condominium regulations referred to in article 90.

The syndicate of owners may conclude with professional organizations all contracts necessary for the preservation, guarding and maintenance of the building.

It may, if necessary, initiate and follow up, on behalf of the owners, all procedures for land registration or regularization.

The syndicate of owners must adopt a regulation called "condominium regulations" comprising the determination, fixation and description of each common part, with a view to ensuring the good use and good management of the building, and this, in accordance with a standard model regulation approved by decree taken on the proposal of the minister in charge of land affairs.

Specific rules responding to the characteristics of the building in condominium may be added to these condominium regulations, approved by all owners by the majority set in article 91 of this code and in accordance with the procedures set by the condominium regulations.

These regulations bind all owners as well as those who acquire from them a right to the building.

A copy of the text of the condominium regulations is deposited at the headquarters of the local authority in the district of which the building is located.

Another copy is deposited at the land property conservation when it is a registered building, to be mentioned on the land titles concerned.

Recourse may be made to arbitration for disputes resulting from the application of these regulations.

The insertion or modification of specific rules in the condominium regulations can only take place by a majority of the owners present or their representatives, and each of them has a number of votes corresponding to the fraction that falls to him in the common and undivided parts.

However, when the fraction held by an owner exceeds half of the total shares in the undivided common parts, the number of votes held by this owner is reduced to the total votes of the rest of the owners.

In this case, as well as in other cases of equal division of votes, that of the president of the syndicate is preponderant.

The president of the syndicate may, on his initiative or that of at least one third of the owners, convene a general meeting to consider questions relating to the management of common parts and whenever it is useful.

The convocation is made by registered letter with acknowledgment of receipt, or by written convocations delivered directly to the interested parties against signature of receipts.

The general meeting of owners is only regular in the presence of half of the owners, in person or by representation.

Decisions are taken by the majority provided for in article 91 of this code and in the absence of the aforementioned quorum, new convocations are sent within fifteen days following the date set for the first meeting.

Decisions during the second general meeting are taken by a majority of those present, regardless of their number or the shares of those they represent.

The general meeting decides on the powers it deems useful to give to the president of the syndicate to manage the building, in accordance with the condominium regulations provided for in article 90 of this code.

The president of the local authority in the jurisdiction of which the building is located may prescribe to the president of the syndicate or to the temporary president appointed in application of the third paragraph of article 97 of this code, the convocation of the general meeting of owners whenever necessary.

In the event that a fraction of a building is the subject of a usufruct, its holder is an automatic member of the syndicate in the same capacity and under the same conditions as the bare owner. In the event of disagreement between the usufructuary and the bare owner, only the vote of the one of them who will have to actually pay a contribution is taken into account.

If a fraction of a building becomes the undivided property of several persons, they must designate one of them as a proxy to represent them within the syndicate.

By a majority of votes, the syndicate may impose all collective insurance relating to risks that threaten the building or the co-owners as a whole.

The syndicate may authorize, at the expense of those co-owners who request it, all works and installations which can only result in an increase in value for all or part of the building, and this, under the conditions it determines in the interest of the co-owners.

The president of the syndicate of owners is chosen or replaced, if necessary, by the majority provided for in article 91 of this code and in accordance with the procedure set in the condominium regulations provided for in article 90 of the same code. His mission is defined by this code and by the condominium regulations.

The syndicate of owners may assign part or all of the missions of the president of the syndicate by the majority provided for in article 91 of this code to a professional real estate syndic, who exercises them in accordance with the provisions of this code and the condominium regulations referred to in article 90 of the same code.

A professional real estate syndic, as designated above, is understood to be any natural or legal person who exercises professionally for remuneration the administration of common parts of a building or group of buildings or a real estate complex. He is subject in the exercise of his activity to specifications that will be approved by order of the Minister of the Interior and Local Development.

If the president of the owners' syndicate has not been chosen or has not been replaced following a dismissal or an impediment, or in the case where his missions have not been entrusted to a professional real estate syndic, the president of the local authority in the district of which the building is located must, after a formal notice sent to the owners by registered letter with acknowledgment of receipt and remaining for two months without effect, take a decision designating a temporary president of the syndicate of owners, from among them or from among the professional real estate syndics, for a period which cannot be less than six months, until the choice by the owners of a president of the syndicate or the assignment of his missions to a professional real estate syndic by the syndicate of owners by the majority provided for in article 91 of this code.

The decision designating the temporary president of the syndicate of owners or the assignment of his missions to a professional real estate syndic includes the determination of repair, restoration, maintenance and upkeep works which are of an urgent nature resulting from sanitary, security and prevention regulations in force, as well as the amount of the contribution that each co-owner or the person acting in his place, such as the tenant or other, must pay to cover the expenses and costs.

In the event of delay or prevarication on the part of an owner or the aforementioned operators in the payment of the shares and participations in the expenses charged to them in accordance with the provisions of this code and the condominium regulations, the president of the syndicate may compel him to pay the sums he owes by means of the payment injunction procedure, the operator of the premises may claim from the owner the sums he has paid in this regard.

The payment injunction is enforceable twenty-four hours after its notification, in accordance with the procedure provided for by the code of civil and commercial procedure. The appeal is not suspensive of execution.

The president of the local authority concerned prescribes the maintenance and repair works required by virtue of the laws and regulations in force, at the expense of the interested owners or those who are in their place. The expenses that might have been incurred for this purpose by the local authority by virtue of the legislation and regulations in force are recovered following the procedure for recovery of debts of local authorities.

Notwithstanding any criminal prosecution, the non-compliance by the professional real estate syndic with the provisions of this law or the specifications relating to the exercise of the activity is punishable by the following penalties: warning, temporary suspension of the exercise of the profession (6 months to 1 year), definitive suspension.

The warning is inflicted by the president of the local authority concerned, in the event of repeated and observed failure on the part of the professional real estate syndic in the execution of the missions entrusted to him, and this, after warning and the non-observance of the failure within a maximum period of ten days.

The penalty of temporary suspension of the exercise of the activity is inflicted by decision of the governor of the region concerned in view of a request addressed to the president of the local authority in the district of which the building is located, formulated by at least one third of the owners or those who act in their place, such as the tenant or other, and this, after invitation of the professional real estate syndic concerned to file his conclusions within a period of ten days.

The penalty of temporary suspension of the exercise of the activity is also inflicted in the event of more than two warnings being issued against the professional real estate syndic.

The penalty of definitive suspension of the exercise of the activity is inflicted by decision of the governor of the region concerned against the professional real estate syndic against whom three decisions of temporary suspension of the exercise of the activity are pronounced over five years.

In the event of destruction by fire or otherwise, the co-owners will be required, from the point of view of reconstruction and unless otherwise agreed, to comply with the decision that will be taken by the co-owners' syndicate by the double majority set in article 91.

When the building includes floors and apartments and at least two belong to two or more persons, as many derived land titles as private parts are extracted from the initial land title, or from the unified land title... The share falling to each private part in the common and undivided parts is determined in accordance with the technical rules in force.

Alienation, division or the constitution of any real right, relating to the object of the individual title, will extend, by right, to the corresponding rights on the common parts. In no case can the division of the common parts or their auction be requested.

An individualized private part can only be divided with the authorization of the owners' syndicate by the majority set in article 91 and taking into account the urban planning legislation and regulations in force. The vocation of these parts can only be changed by prior authorization from the competent administrative authority...