Condominium expenses

Verified 18 February 2026 - Public Service / (Prime Minister)

Co-ownership charges are expenses definitively borne by co-owners, within the limit of co-payment. They are paid collectively by the co-owners to ensure the proper functioning of the building. Expenses are not cash advances, which are used to build up reserves. They are also distinguished from provisions due during the years, which are established on a provisional basis. We present you the information to know.

Condominium expenses are used to cover expenses related to the proper functioning of the condominium.

There are 2 categories of loads:

  • Expenses related to administration, conservation and maintenance of common areas (for example, babysitting or concierge fees, trustee fees, general meeting expenses, cleaning of common areas, household waste removal costs, insurance premiums, renovation).
    These charges can be general or special. The special charges relate to special common areas or on a common part for private use.
  • Loads driven by collective services and common facilities (e.g. heating and collective hot water costs, cold water costs, elevator costs, costs of installing a television antenna or cable network, intercoms, staircase mats, security system).

It's the condominium rules which allocates the expenses of the building between these two categories.

The distribution depends on the nature of the loads.

The distribution is fixed by law and by the condominium regulation.

Expenses related to the conservation, maintenance and administration of the common areas

Allocation in principle

The costs associated with the conservation, maintenance and administration of the common areas shall be distributed among the co-owners in proportion to the relative value of their batch of co-ownership. This value is determined according to the consistency, area and situation of the lot. It does not include the use of the batch.

All co-owners must obligatory participate in these charges, so-called general.

Special distribution

There are exceptions to the principle of mandatory contribution by all co-owners.

This is the case when the condominium by-law mentions:

  • Of special common areas, which implies special charges distributed only among certain co-owners
  • Or a specific allocation for certain lots. This situation mainly concerns the common areas assigned to the use or utility of a lot (balcony, terrace, gardens etc.).

Expenses related to utilities and common facilities

Special loads are distributed according to the objective usefulness of the services and equipment for each condominium lot. The concept of utility presupposes that there is a possibility of use of the element or service in question.

In this case, the co-owner must participate in the expenses related to the service or common equipment even if he does not use it for personal reasons.

If, on the contrary, a lot cannot use the common service or equipment, the co-owner must not pay a charge. The same applies if the item or equipment is not useful for the lot.

Example :

For example, heating, hot water, cooling or television antenna loads cannot be assigned to underground parking lots due to their uselessness.

Conversely, the co-owner of a condominium lot located on the ground floor pays the elevator charges if the elevator serves the cellar or parking. The costs associated with the elevator nevertheless vary depending on the floor and the area of the premises served.

Expenses attributable to a single co-owner

Certain charges are also attributable to the only co-owner concerned by costs borne by the syndicate of co-owners.

These include:

  • Collection costs of a debt (e.g. unpaid charges), which include formal notice, of recovery, of takingmortgage or the acts of the Commissioners of Justice
  • Trustee's fees and expenses related to services performed for the benefit of a co-owner (preparation of a dated statement, expenses related to a mutation or issuance of a paper document)
  • Expenditure on collective interest works on units (e.g. works for energy savings or greenhouse gas emission reductions)
  • Periodic penalty payments, fixed by lot, concerning measures or works prescribed by the competent administrative authority which were the subject of a vote at the general meeting and which could not be carried out because of the failure of the co-owner. This is the case, for example, for periodic penalty payments related to the fight against lead poisoning,unsanitary, or buildings threatening ruin.

Every year, co-owners vote on a provisional budget at a general meeting to meet the building's current expenses.

The amount of the estimated budget is then distributed among the co-owners according to their share and according to the distribution keys (general or special expenses).

FYI  

The condominium by-law sets the share of each lot in each of the categories of expenses and indicates the elements taken into consideration, as well as the calculation method that allowed to set the shares of common parts.

In principle, it is the co-owner who pays the condominium fees. However, there are some peculiarities in some cases.

Warning  

The following list is not exhaustive.

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General scenario

He's the owner of the condominium lot concerned who must pay the condominium fees up to its share of common areas.

In case of rental of the condominium lot

He's the owner of the condominium lot concerned who must pay the condominium fees up to its share of common areas.

Please note

Some loads are recoverable with the tenant.

In case of dismemberment of ownership of the lot

If the trustee is well informed of the dismemberment the ownership of a batch between a usufructuary and one bare-owner, there is no solidarity between them for the settlement of charges.

Thus:

  • The usufructuary assumes the expenses related to the enjoyment of the place (current expenses).
  • The bare owner pays for major repairs (exceptional expenses).

Please note

The co-ownership regulation may nevertheless provide for a solidarity clause in the payment of charges.

In case of undivided

Each of the joint owners must pay his co-ownership fees according to his rights in indivision.

Please note

The co-ownership regulation may provide for a solidarity clause between the co-owners for the settlement of expenses.

The annual vote of the provisional budget allows to claim from the co-owners provisions on charges. The trustee draws up calls for funds addressed to each co-owner.

Reminder

Provisions are sums paid or to be paid pending the final balance after approval of the accounts of syndicate of co-owners.

Provisions are due on 1er day of each quarter or 1er day of the period fixed by the general meeting (e.g. monthly payment).

At the end of the accounting year, the trustee compares the amount of provisions received and the total amounts paid or owed by the co-ownership. This operation makes it possible to establish an overpayment or underpayment. The negative balance (less-received) gives rise to a supplementary call for funds that will only be due after approval of the accounts by the syndicate of co-owners. Conversely, the trustee normally pays the positive balance (overpayment) to the co-owners according to their share.

Change in expenses: vote at the general meeting

In principle, the decision to change the burden sharing between the co-owners must be adopted at the general meeting by a unanimous vote.

However, there are 4 cases where only a majority is required:

  • Works or instruments of acquisition or disposition requiring a change in the apportionment of expenses (same majority as that used to vote on such works or instrument of disposition). This is the case for the purchase of common areas by a co-owner or the creation of new private lots by elevation.
  • Change of use of units (absolute majority)
  • Batch Division (simple majority)
  • Creation of a secondary trade union (absolute majority).

The decision to change the burden sharing has only one effect for the future. It is not retroactive.

FYI  

Any change in the distribution of expenses must be the subject of an act amending the descriptive division statement and the statement of distribution of expenses by the notary. It will then publish this amendment to the real estate file.

Modification of charges: recourse to the judge

It is possible to challenge before the court of justice of the location of the immovable the distribution of the charges provided for in the regulation of co-ownership by making a review action burdens or, where the apportionment is not in accordance with the law, action for invalidity.

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Action for review

The purpose of an action for revision is to obtain a new distribution of the burdens when that contained in the condominium rules is detrimental. It is not applicable if the impugned burden-sharing comes from a decision of a general meeting.

Thus, the co-owner can challenge the distribution of the burdens set by the co-ownership regulation:

  • If its share of common loads is more than ¼ of what it should be
  • Or if another co-owner's share is more than ¼ less than it should be.

A co-owner must not be disadvantaged or unfairly advantaged.

FYI  

The appeal must be initiated in a time limit for 5 years which follows the publication of the condominium by-law in the real estate file. This action is also possible for the co-owner of a lot before the expiration ofa period of 2 years from 1re sale of this lot occurred after the publication of the regulation of co-ownership.

If the complaint of the co-owner is well founded, the judge establishes a new distribution of the burdens.

This new allocation shall apply from 1er the day of the accounting year following the date on which the decision became final. She doesn't only for the future so that no compensation is possible for settlements made in the past.

Action for a declaration of invalidity

The action for a declaration of invalidity is used when the common charges are distributed according to calculation bases contrary to the law. For example, this is the case if the elevator loads are not distributed according to the utility criterion between the co-owners.

This illegal distribution may have been fixed by the co-ownership by-law or result from a decision of the general meeting of the co-owners.

FYI  

This action is not limited in time. It can thus intervene at any time.

If the co-owner's complaint is well founded, the judge must declare the disputed burden-sharing clause unwritten and establish a new burden-sharing clause.

This new remedy applies as soon as the court decision has become final. The allocation does not, in principle, an effect only for the future. For this reason, the co-owner cannot claim the reimbursement of amounts paid in the past on the basis of the old allocation.

The trustee must ensure that the co-owners regularly settle their call for funds, corresponding to their share of charges.

In case of default by the co-owners, it is up to the trustee to recover the unpaid expenses. This is a exclusive jurisdiction of the trustee which has a broad power of initiative in the actions to be taken.

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Debt less than or equal to €5,000

The trustee must follow several steps to obtain the recovery of the debt.

1. Send a formal notice

First, the trustee must give notice to the defaulting co-owner to pay his expenses within a specified period (in principle 30 days).

The formal notice must be sent by electronic means, unless the co-owner has requested expressly to receive it by post. The formal notice may be sent by electronic registered letter or by any secure electronic process, implemented by a service provider guaranteeing the integrity, security and traceability of the consignment.

2. Carrying out additional non-compulsory actions

If the situation is unchanged, the trustee has the option of sending a reminder to the defaulting co-owner. He may also request the intervention of a commissioner of justice (bailiff) to issue a summons to pay.

3. Attempt to reach a friendly settlement

In the event of inaction by the defaulting co-owner, the liquidator has the possibility to resort to:

  • Or to one mediator (paid approach)
  • Or to a participatory procedure (paid procedure with the use of a lawyer).

This amicable approach is mandatory to be able to make, subsequently, a appeal to the court.

4. If unsuccessful, take legal action

The trustee must refer the situation of the immovable to the court.

He has a choice between order for payment procedure or the local court.

It may request recovery of:

  • Expenses due, i.e. those corresponding to all calls for funds already issued,
  • Or accrued charges and provisions for charges (estimated budget and works funds) to come in the current year. This is the expedited procedure on the merits.

FYI  

The trustee does not have to seek the prior consent of the syndicate of co-owners for the recovery of legal charges.

5. Register a legal mortgage

The trustee has specific guarantees to secure the recovery of the union's debts.

In particular, it may enter a legal mortgage on the lot of the debtor co-owner, without prior authorization from the general meeting. This mortgage, provided for by law, guarantees all receivables due, including provisions and works.

Indeed, in the event of sale of a lot belonging to the debtor co-owner, it allows the syndicate of co-owners to recover the sums due in priority.

Debt over €5,000

The trustee must follow several steps to obtain the recovery of the debt.

1. Send a formal notice

First, the trustee must give notice to the defaulting co-owner to pay his expenses within a specified period (in principle 30 days).

The formal notice must be sent by electronic means, unless the co-owner has requested expressly to receive it by post. The formal notice may be sent by electronic registered letter or by any secure electronic process, implemented by a service provider guaranteeing the integrity, security and traceability of the consignment.

2. Carrying out additional non-compulsory actions

If the situation is unchanged, the trustee has the option of sending a reminder to the defaulting co-owner. He may also request the intervention of a commissioner of justice (bailiff) to issue a summons to pay.

3. If unsuccessful, take legal action

The trustee must seize:

  • The local court the location of the immovable for debts between €5,000 and €10,000,
  • The judicial court of the location of the building for debts greater than €10,000. In this case, it is mandatory to be assisted by a lawyer.

It may also have recourse to the order for payment.

The trustee may request recovery of:

  • Expenses due, i.e. those corresponding to all calls for funds already issued,
  • Or accrued charges and provisions for charges (estimated budget and works funds) to come in the current year. This is the expedited procedure in substance.

FYI  

The trustee does not have to seek the prior authorization of the syndicate of co-owners for the recovery of legal expenses.

4. Register a legal mortgage

The trustee has specific guarantees to secure the recovery of the union's debts.

In particular, it may enter a legal mortgage on the lot of the debtor co-owner, without prior authorization from the general meeting. This mortgage, provided for by law, guarantees all receivables due, including provisions and works.

Indeed, in the event of sale of a lot belonging to the debtor co-owner, it allows the syndicate of co-owners to recover the sums due in priority.

Sale of the condominium lot

If a co-owner, who has a debt of expenses in respect of the co-ownership, decides to sell his or her batches, the trustee may object to the payment of the funds resulting from the sale.

In practice, this means that the trustee locks in the hands of the notary the amount of unpaid charges to be levied on the sale price. This action makes it possible to obtain payment of the amounts remaining due by the co-owner-seller.

Warning  

The opposition must be made by extrajudicial document (act of a commissioner of justice) within 15 days from the receipt of the transfer notice. This document must contain particulars (in particular the amount and nature of the claim) defined by law. If the act does not fulfill these conditions, it is void.

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