Condominium charges in Mauritius: calculation and recovery (art. 664-67 et seq.)

Understanding how your charges are calculated — and the consequences of non-payment — is essential for every owner in Mauritius, whether living on site or managing the property from abroad.

How are charges calculated?

Article 664-67 requires each owner to contribute to the building's upkeep, repair, preservation and management costs in proportion to the share of common parts attached to their unit (the "tantièmes", set under article 664-10 according to the unit's relative value). Charges for shared services (security, lift, pool…) may be split by the objective usefulness of those services to each unit, or by consumption readings where measurable.

This scale is set in the co-ownership regulations and, apart from special cases (works voted under article 664-70), can be changed only by the unanimity of owners (Art. 664-69).

Forecast budget and calls for funds

Each year the general meeting votes a forecast budget covering routine maintenance and running costs (Arts. 664-74 and 664-75). Owners pay quarterly advances equal, by default, to a quarter of that budget. Under Article 664-76 the syndic may also call for:

• the permanent cash advance provided for in the co-ownership regulations;
• reimbursement of expenses already incurred (works, invoices);
• special advances to carry out decisions voted at the meeting;
• sums for the provident fund, whose annual amount may not be below 5% of the condominium's budget — the Mauritian equivalent of the French works fund.

What happens in case of arrears?

Sums due bear interest at the legal rate from the formal notice sent by the syndic, and the co-ownership regulations may provide an additional penalty clause (Art. 664-77). The syndic also benefits from a legal mortgage on the defaulting owner's unit to secure debts under five years old (Art. 664-73), which it may register without the general meeting's prior authorisation.

If arrears reach 25% of sums due at the close of accounts, the syndic — or the owners under collective management — is required to apply to the Judge in Chambers for an ad hoc agent to examine the causes of default and propose corrective measures (Art. 664-104). Beyond that, in case of serious financial imbalance, an interim administrator may be appointed (Art. 664-106).

Challenging a split of charges

Under Article 664-71, any owner may apply to the Judge in Chambers if they believe their share of charges exceeds by more than a quarter the share resulting from a split compliant with articles 664-10 and 664-67 — or if another owner's share is more than a quarter below what it should be. The action is admissible only if the association is a party to the proceedings.

Finally, before any sale of a unit, the seller must produce a syndic's certificate less than one month old stating that they are up to date with charges (Arts. 664-78 and 664-79) — a point to anticipate if you plan to resell your Mauritian property.

For an overview of the legal framework — syndic, general meeting, syndical council — read our guide to syndic regulation in Mauritius.

Informational article, English version of our French article on the Mauritian Civil Code (articles 664 et seq.). Quotations of the law are our translation. Not legal advice.