They correspond to all expenses related to the management of the building and incurred by the syndicate of co – owners for the maintenance and operation of the common areas.
Calculation of distribution of the expenses of co-ownership
The common facilities are subject to regular maintenance which incurs costs. This is generally the case for related expenses:
- Heating and lighting of common areas (entrance hall, stairs, cellars).
- Heating and hot water production of private parts if the installations are collective (1). In this case, the distribution calculation can be carried out in two ways: either by taking into account the volume of each private part, or by measuring the heat output of each radiator.
- At the garbage collection and the maintenance of the garbage chute.
- To the maintenance contract of the elevator. In this case, apartments located on the ground floor not having the use are naturally excluded.
- At the installation and repair of the collective antenna, apart from any obligation of subscription in case of cable network.
- To the maintenance contract of the intercom.
- Cleaning of common areas (2).
(1): this charge is mandatory, even when the co-owner decides to use a personal installation and to heat himself, considering that it is part of private use.
(2): The staircase is considered as part of the structural work of the building and as such the maintenance costs must be divided between each co-owner, whatever the situation of his apartment (ground floor by example).
Distribution and settlement
Each one is held to the payment of the expenses of co-ownership, according to the system of distribution envisaged in the regulation. The calculation of each share is based on several criteria:
It is established taking into account the surface excluding partitioning, weighted according to the floor where the apartment is located and annexes attached to it, such as: balconies, terraces, cellars or garages. The result after weighting is converted into thousandths (the most used measure) which represents the share of each co-owner.
The type of accommodation
The situation and the type of housing are also taken into account when calculating quotas . For the type, we can distinguish for example an apartment overlooking a noisy street and another overlooking the park of the residence. Similarly, we will distinguish between an apartment and a maid’s room.
The trustee (volunteer or professional) is responsible for keeping the accounts and recovering the charges. He has a legal obligation to implement and use all remedies available to the court to compel each co-owner to pay his share .
Non-payment of charges
The methods of calculation and recovery apply to all and are specified in the co-ownership regulations. With exceptions, the assembly can only modify them unanimously. In the event of non-payment, the trustee issues a formal notice and, in the event of unpaid, has full power to bring legal action.
The co-owners may also bring an action for damages against the trustee. If it is an isolated action, the procedure requires a copy of the assignment to the trustee.
Important : a decision taken by the assembly can not be disputed by someone who voted.