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In
France
, properties comprised within a collective
building such as apartments are subject to
particular rules and regulations
(‘copropriété’).
The owner of each individual property
also owns a share of the communal areas.
The amount of the share is determined
in the regulations governing the creation of
the co-owned properties and accords with the
size of the individual property.
It is on the basis of the size of the
shares in the communal parts that the
individual contribution to the services
charges (‘les charges de copropriété’),
repair works e.t.c is determined.
Whilst owning a share of the communal
areas, the individual owner owns his or her
property (e.g. apartment) outright.
There is a management company (‘syndic de
copropriété’) which is responsible for
the day to day administration of the
co-owned property.
The company is normally a
professional such as an estate agent.
In addition, there is an association
of all the co-owners (‘syndicat des
copropriétaires’) which meets to decide
on various issues such as repair works,
budget e.t.c.
The decisions of the association are
put into effect by the management company.
When co-owned property is created, there will be a
list of rules and regulations (‘règlement
de copropriété) governing the property
which includes restrictions designed to
protect the overall aspect of the property,
safeguard individuals against nuisances
caused by their neighbours and ensure its
good functioning.
There will be a document in which
each individual property is listed with the
owner’s share in the communal areas
specified (‘état déscriptif de
division’).
In addition, the rules relating to
the association of co-owners will be given
in writing.
Any future purchaser should be aware
of the contents of these documents as they
create a variety of important rights and
obligations.
Each owner will be responsible for paying a service
charge as well as for additional costs such
as repair works decided upon by the
association of co-owners.
These will be collected and
administered by the management company.
Upon sale, the vendor will remain
responsible for the payment of all charges
up until the date of signing the deed of
completion as well as for the cost of all
works which have been voted upon up until
completion, even should they be undertaken
post this date.
However, it is possible for vendor
and purchaser to agree to the contrary and
any purchaser of such a property should
always understand what the agreement is in
this respect
Source - http://www.headdonconsulting.com |