Condominium tenants: what is it?

The tenths correspond to the share of ownership of the common areas (stairs, roof, corridors, yard, etc.) assigned to each batch in a condominium building. They represent the share undivided (fraction of property held with others) belonging to each co-owner.

The tithes are described in the Descriptive Division Statement (DDS) in the condominium rules or as an annex to it.

They are generally expressed in thousandths or ten-thousandths.

The tenths are used in particular to determine the number of votes available to each co-owner during the votes in general assembly.

Indeed, the number of votes of a co-owner corresponds to his share in the common areas. In other words, the more a co-owner owns a significant share of the common areas, the higher his number of votes is during the votes at the general meeting.

Similarly, when the syndicate of co-owners sells a common part, the price is divided between the co-owners in proportion to their share of the common parts. Thus, the tenants of co-ownership determine the share of each co-owner in the sale price of the common parts or the price of the acquisitions (purchase) made by the syndicate of co-owners.

In principle, tenths of co-ownership are calculated according to the following criteria:

• The area of the condominium lot
• Its consistency (nature, importance of the lot: apartment, business, cellar, parking, etc.)
• Its location (floor, view, sunshine, orientation, location in the building, etc.).

The parties may, however, choose another method of calculation for the tenants of co-ownership. For example, allocation may be based on market value lots at the time of co-ownership.

The tenants of the condominium are fixed at the time of the condominium and, in principle, can no longer be modified.

However, several exceptions are allowed.

The 1^era exception concerns the modification of the tithes by a vote in the general meeting by the unanimous consent of the co-owners. Thus all co-owners must give their consent, without exception.

In practice, this modification of the tenths requires the following 4 conditions to be met:

• An enrollment in theagenda of the general assembly with a precise draft of a new distribution of the tenths (often drawn up by an expert surveyor or notary)
• A unanimous vote of the co-owners
• The drafting of an amending act of condominium rules and thedivision descriptive report
• The publication of these acts in the service of land advertising.

The 2^nde exception concerns 3 situations that allow to modify the distribution of the tithes by a vote in the general meeting at the double majority Article 26. These are:

• Elevation of the building

• Division of the original syndicate of co-owners to form separate and separate co-properties
• Creation of new lots from common areas, for example when an old common area (lodge, corridor, common toilet, garden, etc.) is sold in order to be converted into a private area.