When a co-owner no longer pays them, this causes problems, both for the life of the building and for the other co-owners, who find themselves responsible for the unpaid charges.

So what action should be taken to recover these sums? And what risks do defaulting co-owners run?

Action to be taken

It is up to the syndic to take the necessary action against the defaulting co-owner. So there’s no need for you, as a co-owner, to go and try to talk to your neighbour. The legal framework is very well established, and is constantly evolving to enable syndicates to work in the best possible conditions.

1 – Formal notice

If the co-owner fails to pay his service charges despite the first letter from the managing agent, the latter will issue a formal notice. From the date of receipt of the formal notice, the defaulting co-owner has 30 days to pay the amount due, plus interest for late payment. Once this period has elapsed, the syndic may, in addition to the previous sums, request payment of future charges.

Good to know: 2/3 of outstanding payments are generally settled after the first formal notice.

2 – A reminder letter

After the 30-day period, if the co-owner has still not paid the service charges, the syndic can send a reminder letter. This should contain a reminder that the service charges are overdue, and should inform the co-owner that if he fails to pay, collection proceedings will be brought against him in court.

3 – Summons or injunction to pay

Although not compulsory, this stage is often effective when dealing with a persistent co-owner. The syndic then calls in a lawyer or a court commissioner, who will draw up a summons or order to pay.

4 – Taking the matter to court

This brings us to the litigation phase. If no amicable agreement has been reached, the trustee must take the matter to court:

• de grande instance for overdue payments of more than €10,000
• d’instance for outstanding payments of less than €10,000.

The syndic has 5 years in which to claim unpaid amounts.

Once the case has been examined, if the court deems that the charges are in fact unpaid, it can demand immediate payment of the following sums:

• unpaid projected budget charges
• unpaid charges for work not included in the provisional budget
• contributions to the works fund

The property of the defaulting co-owner may be seized (car, furniture, bank account). Their home may also be seized.

Good to know: the costs incurred by each of the measures described are borne exclusively by the defaulting co-owner.