Condo Fees: The Owners' Association Cannot Claim Them from an Unsummoned Buyer

You have just bought a flat in Tarbes, in a residence with a swimming pool and garden. The roof repair works were voted before your purchase, but you received no summons to the general meetings. Yet the managing agent is claiming €8,000 in fees for these works from you. What should you do? This decision of the French Supreme Court of 8 July 2015 provides a clear answer: the owners' association cannot claim the fees from you if it did not summon you to the general meetings because it was not informed of your acquisition. But what exactly does that change? Let's decipher.

The facts: a story like many that happen every day

Mr. X, a property owner in Tarbes, bought a unit in a condominium in 2006. Just before the sale, the general meeting of 16 December 2005 had voted for rehabilitation works with a schedule of calls for funds. The following general meetings (4 December 2006 and 7 December 2007) modified the timetable. Mr. X was never summoned: the owners' association objected that it had not received notification of the transfer (change of owner) in accordance with Article 6 of Decree No. 67-223 of 17 March 1967. Nevertheless, the owners' association claimed from him payment of the fees corresponding to the works voted before his acquisition, but also those decided after. Mr. X refused to pay. The owners' association sued him. The Court of Appeal ruled in favour of the association. Mr. X appealed to the Supreme Court. In other words, the owner was ordered to pay fees for decisions in which he could not participate, because he was not informed of his right to vote.

The reasoning of the court — dissected

The French Supreme Court quashed the appeal judgment and remanded the case. Its reasoning is as follows: an owners' association which opposes to the buyer the absence of notification of the transfer (i.e., the fact that the seller or buyer did not inform the managing agent of the change of owner) to justify the failure to summon to general meetings cannot claim from him payment of the condominium fees. In plain terms, if the association knew (or should have known) that the unit had changed hands, it must summon the new owner. If it does not, it loses the right to claim the fees from him. The legal basis? Article 6 of the 1967 Decree requires the selling co-owner to notify the transfer to the managing agent within 15 days. But if this notification did not take place, the association is not for all that released from its obligation to summon the current owner to general meetings, if it has knowledge of him. In this case, the association had been informed of the sale by other means (e.g., the notary). The Supreme Court considered that the Court of Appeal did not investigate whether the association had knowledge of the transfer. So it is not a reversal, but a classic application of the principle that one cannot deprive a co-owner of his right to vote and then claim money from him. Beware, however: if the association really has no means of knowing that the unit was sold, the fees remain due by the former owner.

What this changes for you — concretely

For the buyer: if you buy a unit and the managing agent does not summon you to the general meetings because the transfer was not notified to him, you can refuse to pay the fees arising after the sale, provided the association had knowledge of your acquisition. Concrete example: you buy a studio flat in Saint-Jean-de-Luz in May 2024. The managing agent continues to send the calls for funds to the former owner. You receive no summons. In July 2025, the managing agent claims €1,500 in fees from you for works voted in 2024. You can challenge this if you prove that the association knew you were the new owner (e.g., you communicated your address, or the notary informed the managing agent). For the owners' association: if it has not received notification, it must prove that it was unaware of the transfer. In practice, notaries often transmit the deed to the managing agent, so the association is deemed informed. For the seller: you must notify the transfer to the managing agent within 15 days, otherwise you risk remaining liable for the fees if the association is not informed.

Four tips to avoid this type of dispute

• Check that the managing agent has been informed of your purchase: ask your notary to send a copy of the sale deed to the managing agent immediately after signature. Keep a proof of receipt.
• Attend the first general meeting after your purchase: even without a summons, show up with your title deed. The managing agent will have to register you.
• If you are the seller, notify the transfer within 15 days: send a registered letter with acknowledgement of receipt to the managing agent, otherwise you could be held liable to pay the fees after the sale.
• In case of a dispute, contest the fees in writing: send a registered letter to the managing agent explaining that you were not summoned. If the managing agent insists, take the matter to the judicial court.

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Further information: related case law and developments

This decision is part of a line protective of buyers. Already, in a judgment of 9 June 2010 (No. 09-13.697), the French Supreme Court had ruled that the owners' association cannot oppose the lack of notification to the buyer if the latter proves that the association had knowledge of the sale. The trend is therefore consistent: the association must act diligently. What few people know is that since 2015, notaries are required to inform the managing agent of the sale via the condominium register. This reduces disputes, but does not prevent errors. undefined, I have come across cases where the managing agent claimed fees from a buyer who had never received a summons for 3 years. The court cancelled the debt. For the future, case law may evolve towards a systematic obligation for the managing agent to verify the identity of co-owners via the register.

What you absolutely must remember

FAQ:

1. Can the managing agent claim fees from me if I was never summoned? No, if it had knowledge of your purchase. Yes, if it was legitimately unaware.
2. How to prove that the managing agent knew I was the owner? By the notary's notification, a letter you sent to him, or the fact that you lived on the premises.
3. What to do if the managing agent claims fees for works voted before my purchase? You must pay them if the seller did not pay them, but you can then seek recourse against him.
4. What is the time limit to contest? Act as soon as the first claim is made. The limitation period is 5 years.

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