Modification of the Allocation of Condominium Expenses: Judicial Review
A co-owner of a building, who is dissatisfied with the amount of his maintenance fees, sues the co-owners’ association in court to have the clause in the co-ownership bylaws governing the allocation of maintenance fees set aside and to recover the fees he believes he paid in error.
The judges granted his request and ordered that a new division be drawn up, in accordance with the changes made to the private areas as set forth in the descriptive statement of division dating from 1964 and in accordance with the criteria established in Article 10 of Law No. 65-557 of July 10, 1965.
This decision was overturned by the Court of Cassation. When a judge finds that a disputed provision in the condominium bylaws concerning the allocation of expenses does not comply with statutory and regulatory provisions, the judge must, on the one hand, not set aside the provision but instead deem it unenforceable, and, on the other hand, reallocate the expenses by establishing all the terms and conditions required by public policy.
