Judgment to Be Quashed: Distinguishing Between General and Specific Co-ownership Charges

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The judgment must be quashed which, in order to distinguish between general charges applying to all lots and those applying only to developed or developable and serviced lots, holds that, having regard to the criterion of utility, certain general charges do not benefit non-developable lots, without distinguishing between charges incurred by collective services and common equipment and charges relating to the preservation, maintenance and administration of common parts, nor referring to the co-ownership regulations for the determination of common parts, nor taking into consideration the nature, area and situation of the private parts in order to fix the shares of common charges.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Scrupulously respect legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.