Constitution & rules
Drafting of co-ownership rules, ASL articles and specifications. Adaptation to the specificities of the operations (mixed-use, ZAC, housing estate).
→ Real Estate · Sub-expertise
Co-ownership and free property associations (ASL) govern the collective management of buildings or housing estates. Their operation is framed by technical rules that are a source of much litigation. We support managing agents, co-owners, property associations and landlords on day-to-day operation and on litigation.
→ What we cover
Drafting of co-ownership rules, ASL articles and specifications. Adaptation to the specificities of the operations (mixed-use, ZAC, housing estate).
Preparation and conduct of general meetings: convening, agenda, management of votes, minutes, challenges to decisions.
Validation of works decisions (applicable majority, financing), allocation of charges, challenge and revision of special charges.
Recovery action against defaulting co-owners, implementation of a graduated strategy (formal notice, payment order, statutory mortgage).
Management of disputes: nuisances, abnormal neighbourhood disturbances, challenges to works, changes to the enjoyment of common areas.
Defence against a failing managing agent: non-compliance with obligations, contested management, failure to keep the accounts, liability action, removal.
→ Our approach
01
Analysis of the situation (rules, agreements, meeting decisions, accounts), identification of the issues, definition of the strategy.
02
Implementation of the appropriate action: court proceedings, recovery, challenge to a meeting decision, amicable negotiation.
03
Conduct of the proceedings (interim and substantive), representation before the court, management of any expert assessments.
04
Enforcement of the decision, monitoring of commitments, support for the return to normal operation of the co-ownership.
→ Who we help
Action to annul a meeting decision taken in breach of the majority or procedural rules, by a co-owner who opposed it or was absent from the vote.
Structured recovery procedure against a defaulting co-owner: formal notice, payment order, seizure, registration of a statutory mortgage.
Liability action against a managing agent that breached its obligations (failure to manage the accounts, failure to hold meetings, negligence in works), with a claim for compensation.
Constitution of a free property association for the management of a housing estate: articles, governance, articulation with successive buyers of the lots.
→ Q&A
Co-ownership (1965 Act) governs buildings divided into lots with common areas. The ASL (1865 Act) manages a set of separate private properties (housing estate, ZAC) with shared facilities (roads, green spaces). The regimes are distinct but may coexist.
Several levels depending on the decisions: simple majority (Article 24) for day-to-day management, absolute majority (Article 25) for more important decisions (works, election of the managing agent), double majority (Article 26) for amendments to the rules, unanimity for exceptional matters.
An action to annul before the judicial court within 2 months of notification of the minutes. The challenge must be reasoned (procedural defect, abuse of majority, conflict with the rules). The co-owner must have opposed the decision or have been absent from the vote.
Several levers: convening a meeting to remove the agent, a liability action, a request for the appointment of a provisional administrator in the event of a crisis, a report to the works council. Proof of the breaches is decisive.
→ Go further
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