The National Collective Agreement of

Application pratique:

This decision confirms that a local custom can require the landlord to pay the caretaker's council tax even if the collective agreement is silent. Sophie should verify whether such a custom exists in Lyon (e.g., by checking with the local landlords' association or previous practice in her building). If the custom is established, she must budget for this recurring annual cost and can include it in the service charges recovered from tenants. She should keep all correspondence and proof of payment to defend against any future dispute.

Application pratique:

The case law shows that a local custom can survive the collective agreement, so Marc cannot refuse to pay this charge simply because the agreement is silent. Before signing, he should ask the syndic for evidence of the local custom (e.g., minutes from previous general meetings showing consistent payment over several years). He must factor this recurring cost into his affordability calculations and understand that as a co-owner he will be bound by the syndicate's decisions on such expenses.

Application pratique:

The decision reinforces that an established local custom—even if not written in the collective agreement—can legally oblige co-owners to bear the caretaker's council tax. The syndic should gather proof of the 15-year practice (e.g., annual budgets, payment receipts, and general meeting approvals) to demonstrate the custom's existence. The dissenting co-owners can be reminded that ignoring this custom could lead to legal action and additional costs. If necessary, the syndic may propose a formal vote at the next general meeting to confirm the custom and secure a clear majority.