Can the trustee impose a cash advance on the co-owners?
Verified 20 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the trustee can ask the co-owners for the payment cash advances, in 3 cases:
- This payment is provided for in co-ownership rules. The objective is to build up a reserve of money to compensate for financial contingencies or overruns on the co-ownership budget. This advance shall not exceed 1/6e of the amount of provisional budget (this corresponds to 2 months of budget).
- If the advance payment is not authorized by the regulations, thegeneral meeting may decide to provide for it by a vote of the co-owners by a double majority of article 26 to make up for a temporary cash shortage.
- If the condominium has decided to vote one multiannual work plan, the liquidator may ask the co-owners for the advances provided for in the timetable of that plan.
The amount claimed from each co-owner depends on the tenths which he holds.
FYI
Advances paid are refundable to the co-owner who sells his or her lots.
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