Real Estate — Managing Agents & Co-ownership

Works carried out in a co-ownership can cause defects affecting the common areas, the private lots or the use of the building. The managing agent must then act within a proper framework, on behalf of the co-owners’ association, while building a solid technical and legal file.

In particular, we assist with:

• identifying the defects, their likely origin and the parties concerned;
• analysing the works contracts, minutes, reservations, reports and available guarantees;
• preparing formal demands, insurance claims, general-meeting resolutions or litigation documents;
• supporting the managing agent in expert appraisals, negotiation or proceedings.

The recovery of service charges is essential to the financial balance of the co-ownership. When a co-owner fails to pay their contributions, it is important to act quickly, with a proper and usable file.

In particular, we assist with:

• checking the calls for funds, minutes, accounting records and supporting documents;
• assessing whether the sums claimed are due;
• drafting reminders, formal demands, writs or submissions;
• supporting the association through to the decision and, where necessary, its enforcement.

The appropriation of a common area — whether a landing, a corridor, a courtyard, a storage space or a roof terrace — raises sensitive issues: collective rights, the co-ownership rules, general-meeting authorisation, reinstatement or regularisation.

In particular, we assist with:

• analysing the title deeds, plans, rules and general-meeting decisions;
• characterising the common or private nature of the space concerned;
• determining the strategy: regularisation, sale, reinstatement, compensation or court action;
• drafting formal demands, draft resolutions, correspondence or litigation documents.

Preventive interim proceedings (référé préventif) allow the condition of existing structures to be recorded before works begin that could affect neighbouring buildings. It is a useful tool for developers and managing agents alike, limiting subsequent disputes over the origin of any defects.

In particular, we assist with:

• analysing the project, its surroundings and the risks to the buildings concerned;
• identifying the parties to be joined to the proceedings;
• defining the scope of the appraisal to be requested;
• drafting the writ, representing the client at the hearing and following the appraisal operations.