Milliémes of joint ownership: Descriptive State of division

Joint ownership is the organization of a built building or groups buildings built whose property is distributed, between several people, by batches including/understanding each one a privative part and a quote–share of the common parts.

Within the framework of a setting in joint ownership, Southern the Alliance cabinet Expertise carries out measurings nécesssaires with a setting in joint ownership of building, and carries out the thousandths of joint ownership also appellé tantiéme of joint ownership or descriptive state of division.

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Payment of joint ownership

The payment of joint ownership comprises 2 parts : a descriptive state of division in batches of joint ownership (with the appellé ssi thousandth of joint ownership or percentages) which enumerates and defines the privative parts and the common parts and a regulatory part which determines their conditions D’use. It fixes the various categories of loads to which each batch must contribute, by respecting the legal principles of distribution. It specifies the rights and obligations of each joint owner, and L’general organization of joint ownership.

At the time of L’purchase of a batch, it has the value D’a contract between the purchaser and the Trade union of the Joint owners. As for any contract, it is recommended it to read and D attentively’to respect all the provisions of them.

Principles of allotment

Joint ownership is divided into batches.

A batch of joint ownership is composed in an indissociable way :

D’a privative element or privative part : apartment, garage, room commercial, hollow, etc reserved with L’exclusive use of its owner.
D’ a quota of the common parts and common equipment of the building (ground, corridors, staircases, roof, largeœuvre, elevator, etc).

Certain parts common, known as "common parts general", are the property of the whole of the owners and are intended for the use of all : roof, walls, parks, etc. Others, known as "special common parts", are reserved to certain owners (those of a given building).

The quota of the common parts whose each joint owner is titular is expressed in percentages (thousandth, 10 000°, 100 000°, etc.) and is evaluated in proportion of the value of its batch compared to the whole of the other batches of the building. The privative parts, the common parts and the percentages are defined by L’descriptive state of division and the payment of joint ownership, which is a document having value of contract to L’regard of each joint owner. The common parts, which are listed in theory in the Payment of Joint ownership, are managed by the Syndic, in accordance with the decisions taken as a General meeting by the Joint owners, according to the rules of majority envisaged by the law.

Joint owner

The joint owner is the " owner D’a batch or several batches " each one made up of a privative part with exclusive right of pleasure and of a fraction of common part in joint possession.

Each batch is allotted to a joint owner. The joint owner does not have any obligation to live his housing. He can be his suitability resident or to financial backer. In the same way, if it is resident, it can with its suitability make use of its housing by way of main home or by way of second home.

The whole of the joint owners is gathered within the Trade union of the joint owners. The trade union of the joint owners consists of L’together joint owners, without exception. Equipped with the legal personality (it is thus a legal entity), it manages the common parts, ensures the real conservation of’L and the defense of the collective interests. It is responsible for the damage caused with the joint owners or the thirds.

Syndic

The Syndic has the responsibility of manage the common building and equipment.

He is the agent of the trade union of the joint owners. He is not the representative of each joint owner, individually. The Syndic is designated by the General meeting. Its mandate is renewed every three years to the maximum. It has three missions :

it carries out the decisions of the general assembly and applies the provisions of the payment of joint ownership ;
it manages joint ownership : real management of’L (subscription of the supply agreements and maintenance, engagement of the personnel) and countable management (covering of the loads of joint ownership and payment of the suppliers) ;
it represents the trade union of the joint owners in all the civil acts and in justice.

The trade-union Council

The trade-union Council is a body of connection between the joint owners and the Syndic.

Its mission is D’to assist the Syndic and to control his management. It has an advisory role and N’does not have decision-making power. Its members are selected among the joint owners and are elected by L’General meeting. To exert its mission, it can take note and copy near the Syndic of all the documents referring himself to the management and the administration of joint ownership.

The trade-union council is generally directed by a president. In certain joint ownerships, the president of the trade-union council holds a public role of representative of the joint owners.

The trade-union council can, if need be, be made assist D’a technician of its choice, whose fees are with the load of L’together of joint ownership.

Reside, Bailleur and Tenant

A resident indicates that which resides in the building. He is either joint owner or tenant. He has the pleasure of the building. He is not member of the Trade union of the joint owners that if he is owner of a batch.

Any joint owner is free to rent his housing with a tenant. Any tenant pours a rent with the owner of housing in the framework of a contract signed between him and the joint owner. The tenants are free to constitute themselves in association to expose their projects to the Trade union of the joint owners, and to defend them.

A financial backer is a joint owner who places its (or his residences) at the disposal of tenant.

General meeting

The General meeting allows the joint owners to make any useful decision referring itself to the management of the building : maintenance, heating, installation, recovery of the debts, choice of the Syndic, etc.

The Trade union meets as a General meeting at least once per annum. L’General meeting is L’body D’expression of the Trade union of the Joint owners. She consists of L’together joint owners, without exception. Each joint owner holds as many voice qu’it has percentages in the common parts of joint ownership. It only A decision-making power, by the vote. It follows obligatory rules of convocation, quorum, agenda and majority.

Source: Wikipedia