French Co-Ownership: Loi du 10 Juillet 1965, Syndic, and Building Expenses

French co-ownership law governs the legal relationships between the owners of lots within a building that is divided into separate units. The field is governed by the Loi du 10 juillet 1965 fixant le statut de la copropriété des immeubles bâtis and its implementing decree of 17 March 1967. French co-ownership law establishes the organisation of the syndicat des copropriétaires (co-owners’ association), the rights and duties of co-owners, the role of the syndic (managing agent), and the rules for the allocation of expenses.

The Loi du 10 Juillet 1965

The Law of 10 July 1965 is the foundational text of French co-ownership law. The law applies to any building that is divided into lots owned by different persons. The law establishes the legal status of the co-ownership, the rights and obligations of the co-owners, and the rules for the management of the building.

The law was significantly amended by the Loi ALUR (Law on Access to Housing and Renovated Urban Planning) of 24 March 2014, which introduced reforms to improve the governance of co-ownerships, to strengthen the transparency of management, and to facilitate the renovation of buildings.

The Syndicat des Copropriétaires

The syndicat des copropriétaires (co-owners’ association) is the legal entity that represents the collective interests of the co-owners. The syndicat is composed of all the co-owners and is responsible for the management of the building. The syndicat has legal personality and may sue and be sued in its own name.

The syndicat makes decisions at general meetings. The decisions are binding on all co-owners, including those who voted against them or who were absent. The syndicat is responsible for: the maintenance and repair of the common areas; the enforcement of the règlement de copropriété (co-ownership rules); the preparation of the budget; and the collection of contributions from co-owners.

Co-Owners’ Rights

Each co-owner has rights over their private lot (lot privatif) and rights over the common areas (parties communes). The private lot is the part of the building that belongs exclusively to the co-owner, including the apartment and any ancillary spaces. The co-owner may freely use and dispose of the private lot, subject to the restrictions set out in the règlement de copropriété.

The common areas are the parts of the building that are used by all co-owners, including the land, the foundations, the roof, the staircase, and the corridors. Each co-owner has a right to use the common areas in proportion to their share of the co-ownership. The co-owner may not make changes to the common areas without the consent of the syndicat.

Co-Owners’ Duties

Each co-owner has the duty to contribute to the expenses of the co-ownership. The contributions are calculated based on the tantièmes (shares) attached to each lot. The co-owner must also respect the règlement de copropriété and the decisions of the general meeting. The co-owner may not cause nuisance to other co-owners.

The co-owner who fails to pay the contributions may be subject to enforcement measures. The syndicat may commence legal proceedings for the recovery of unpaid contributions. The court may order the sale of the co-owner’s lot if the arrears are substantial.

The Syndic

The syndic (managing agent) is the person or company responsible for the day-to-day management of the co-ownership. The syndic is appointed by the general meeting of the co-owners for a fixed term (generally one to three years). The syndic’s mandate is governed by the Loi du 10 juillet 1965 and by the contract between the syndic and the syndicat.

The syndic’s duties include: the preparation of the budget; the collection of contributions; the management of the building’s finances; the supervision of maintenance and repairs; the convocation of general meetings; and the enforcement of the decisions of the general meeting. The syndic must act in the interests of the co-ownership and must exercise due diligence in the performance of its duties.

The Conseil Syndical

The conseil syndical (co-owners’ council) is a body elected by the general meeting to assist the syndic and to supervise its management. The council is composed of co-owners who are elected for a term of up to three years. The council has advisory and supervisory functions.

The council may: review the budget proposed by the syndic; verify the accounts; propose the agenda for the general meeting; and make recommendations to the general meeting. The council does not have decision-making powers; the decisions are made by the general meeting. The council’s role is to ensure that the syndic manages the co-ownership properly.

Building Expenses

The expenses of the co-ownership are divided into two categories. Charges générales (general expenses) are the expenses related to the maintenance and operation of the common areas, including cleaning, heating, lighting, and insurance. These expenses are allocated among the co-owners according to their tantièmes.

Charges spéciales (special expenses) are the expenses that relate to specific parts of the building or to specific services. These expenses are allocated among the co-owners who benefit from the relevant parts or services. For example, the expenses for the lift are allocated among the co-owners whose lots are served by the lift.

Règlement de Copropriété

The règlement de copropriété (co-ownership rules) is the document that governs the organisation and management of the co-ownership. The rules must be established when the building is first divided into lots and must be registered with the land registry. The rules may be amended by a decision of the general meeting.

The rules set out: the division of the building into private lots and common areas; the allocation of tantièmes to each lot; the rules for the use of the private lots and the common areas; the management structure; and the procedures for decision-making. The rules are binding on all co-owners and on their successors in title.

General Meetings

The general meeting of the co-owners is the decision-making body of the co-ownership. The general meeting must be held at least once a year. The meeting is convened by the syndic, who prepares the agenda and sends the notice of meeting to the co-owners.

The decisions at the general meeting are taken by majority vote. The majority required depends on the nature of the decision. Ordinary decisions require a majority of the votes of the co-owners present or represented. Certain important decisions, including the amendment of the règlement de copropriété, require a qualified majority.

Dispute Resolution

Disputes in co-ownership are resolved by the Tribunal judiciaire. The co-owners may challenge the decisions of the general meeting before the court. The court may annul a decision if it violates the law, the règlement de copropriété, or the rights of the co-owners.

The co-owners may also bring claims against the syndic for mismanagement. The syndic may be liable for damages if it fails to exercise due diligence. The co-owners may also bring claims against other co-owners for violations of the règlement de copropriété or for nuisance.