Co-owners Compulsorily Constitute a Homeowners’ Association

Application pratique:

Per the 2012 Court of Cassation decision, you cannot claim directly from another co-owner for common-part work. You must seek reimbursement from the homeowners’ association (syndicat des copropriétaires), even if it is not yet formally constituted. Immediately notify all co-owners in writing, provide invoices, and call a general meeting to ratify the emergency work and vote on repayment. If the syndicate fails to pay, your legal action must be against the syndicate, not an individual co-owner.

Application pratique:

Under this case law, maintenance work on common areas must be reimbursed by the syndicate, not individual co-owners. Even if the syndicate is inactive, you cannot bypass it. Gather your quotes and proof of payment, then request the syndic (property manager) to include the expenditure in the next general meeting agenda for retrospective approval. If the syndicate declines, you may initiate legal proceedings against it, but not against the other landlord.

Application pratique:

The 2012 ruling clarifies that a co-owner advancing funds for common-part repairs must claim from the syndicate, not individual co-owners. Although you acted in an emergency, you should immediately inform all co-owners (or the syndic if one exists), present the invoice, and request a general meeting to approve the expense. Even if the syndicate is not formally organised, it exists by law; your reimbursement claim is against it collectively, not the other owners personally.