I have a dispute with my co-ownership syndicate — what can I do?

The 90 days you cannot miss

This is the costliest trap in co-ownership. Any co-owner may apply to the court to annul — or exceptionally amend — a decision of the meeting if it is partial, if it was taken with intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.

But the action must be brought within 90 days of the meeting, and that period is one of forfeiture: past it, the remedy no longer exists, however serious the complaint.

The court may also award damages against a co-owner whose action is frivolous or vexatious. This is not a remedy to launch on principle.

In practice: as soon as a meeting adopts a decision that strikes you as irregular, note the date and have the file assessed without waiting for the official minutes.

How common expenses are shared

This is the most frequent source of disagreement. The rule is that each contributes to common expenses in proportion to the relative value of their fraction (article 1064).

The exception concerns common portions for restricted use — a balcony, a parking space, a terrace reserved to certain units: their maintenance and routine repairs are borne by the co-owners who have their use.

The declaration of co-ownership may provide a different apportionment for major repairs and replacement of those portions. That is often where the text of the declaration decides the file, rather than the general principle.

So before contesting a levy, read the declaration — not only the minutes.

Infiltration: private portion or common portion

The question comes up constantly, and the answer determines who pays.

The syndicate is liable for damage caused to co-owners or third parties by a defect of design or construction or a failure to maintain the common portions, without prejudice to its recourse against whoever is truly responsible (article 1077).

In other words, if the water comes from a roof, a load-bearing wall or a poorly maintained common pipe, the syndicate answers for the damage — even where it personally did nothing wrong.

The issue then becomes characterising the origin of the loss, which is shown by expert evidence, not by argument at a meeting.

Buying pre-construction

A particular regime protects the buyer. Where a residential immovable is sold by the builder or a developer to a natural person acquiring it to occupy it themselves, the sale must be preceded by a preliminary contract (article 1785).

That preliminary contract must contain a stipulation allowing the buyer to withdraw within 10 days.

A developer who has you sign a deed of sale directly, or a preliminary contract without that right of withdrawal, is not complying with the regime. It is the first thing to check on a pre-construction file.

Being heard before going to court

Many files resolve because the co-owner documented their position at the right moment, rather than being right later.

Request in writing the documents you are entitled to: the current declaration of co-ownership, minutes, financial statements, the contingency fund study. A syndicate that can produce nothing is in a weak position.

Have your objections recorded in the minutes at the meeting itself. A recorded objection is worth far more than disagreement expressed afterwards.