Effective Procedures for Recovering Unpaid Co-Ownership Charges and Controlling Condominium Fees

The procedure for recovering unpaid debts to be preferred

Trustees have the choice between two procedures to recover unpaid co-ownership charges: the summons or the procedure of article 19-2 of the July 1965 law, modified by the ELAN law. The second option is to be preferred, because it is more efficient and short-lived. The debtor co-owner is ordered to pay the sums due, as well as four quarters in advance, any damages and interest and an indemnity intended to cover the costs. If the co-owner does not settle the condemnation, his property is immediately seized. Despite its effectiveness, this procedure is of less interest to lawyers because it is less profitable. In the interest of co-ownership, the union councils must therefore convince the trustee to opt for this solution.

In addition, the trustees can register a legal mortgage on the lot of the co-owner, priority over all other creditors in the event of property seizure.

Control condominium fees

To control co-ownership charges, it is necessary to examine the contracts concerning charge items such as elevator maintenance, heating, cleaning or gardening. It must be ensured that the services provided correspond to the real needs of the co-ownership and reduce them if necessary. It is also important to examine water, gas and electricity bills to identify the actions needed to reduce consumption.

It is recommended to consult the competition for services that seem too expensive, even if the objective is not to automatically change provider. Indeed, this makes it possible to negotiate lower prices with the service providers in place, especially for major works. This negotiation must be carried out with respect for the services and qualifications of the companies, while seeking the right price. In most cases, service providers remain in place after renegotiation (70 to 80%).

SYNDICALUR and ADB Conseils, for assistance to condominiums

Founded by Francis Bourriaud, SYNDICALUR and ADB Conseils offer assistance services to co-owners and union councils. SYNDICALUR accompanies union councils wishing to change trustees while ADB Conseils specializes in assistance to co-owners for consultation, annual assistance, compliance with co-ownership regulations, management audit of the trustee and control of charges . The company also helps condominiums for the realization of the collective DPE and the PPPT within the framework of the energy renovation in progress. On the other hand, it also offers training to professional trustees.