William is concerned about a resolution on the agenda of his general condominium assembly, which asks all co -owners to finance the unpaid charges of two of them. Emmanuelle Lefèvre, a lawyer, replied in the program Le Grand Rendez-vous de l’Emal estate (Capital/Radio Immo).
Capital video: In my condominium, two co -owners no longer pay their expenses. The trustee asks other co -owners to cover their unpaid. Does he have the right?
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– “Co -owners ask me this question every week because the co -ownership charges are particularly heavy at the moment, which has a lot of unpaid unpaid,” says Emmanuelle Lefèvre, lawyer.
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Co -owner In Saint-Etienne, William admits very concerned about one of the resolutions on the agenda of the next general meeting (AG): “THE trustee informs us to initiate a recovery procedure against two co -owners who no longer pay their charges But while waiting for it to succeed, he will ask the other co-owners to advance money to compensate for their unpaid ! “ “Does he have the right?”he asks in the program Le Grand Rendez-vous de l’Emal du Real estate (Capital/Radio Immo).
“Yes, he has the right. He even has the obligation so that the co -ownership does not undergo cash problemsanswers Emmanuelle Lefèvre, lawyer. When an important hole begins to widen in the finances of a condominium, due to unpaid charges, The trustee must unfortunately have the launch of fund calls to the AG with other co -owners, in order to be able to continue paying the invoices of the COCRO ”she explains. Admittedly, co -owners can in theory vote against this resolution but, in practice, they have no interest in placing their condominium in financial difficulty.
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However, the pill is more or less bitter to swallow depending on whether the condominium includes 1,000 lots or four. “In small copros, the financing of charges unpaids can represent extremely important sums For other co -owners “recognizes Emmanuelle Lefèvre. Who of co -owners pose “Every week” The same question as that of William Car “The co -ownership charges are particularly heavy at the moment, which has a lot of unpaid unpaid”.
Bad luck, dispute resolution times are parallel “Very long, today”add the lawyer. So much so that it is possible to “Get a court decision (against failing co -owners) until two years”she warns. If the co -owners are still not solvent after the procedure, Their apartment is seized. “What takes two years”indicates Master Lefèvre. It can therefore flow four years between the start of the procedure against the default co -owners and the sale of their property after seizure, which will finally reimburse the other co -owners.
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