Question 16375 — co-ownership

Summary

Mr. Marc de Fleurian draws the attention of the Minister of Towns and Housing to the consequences of the evolution of co-ownership law for unions whose number of votes is distributed between two co-owners. For these co-ownerships, Ordinance No. 2019-1101 of October 30, 2019 reforming the law on co-ownership of built buildings introduced an exemption from common law. From now on, the co-owner holding more than half of the votes or more than two thirds of the votes can respectively take alone decisions normally relating to decisions taken by a majority of the votes cast or by a majority of the votes of all the co-owners. By thus facilitating decision-making, the legislator wanted to resolve the bogged-down situations encountered in co-ownerships where the blocking of a co-owner with ill intentions could endanger the administration and conservation of the building. In doing so, it has weakened the position of the minority co-owner who only has the power to contest a posteriori before the judicial court. In dysfunctional co-ownerships, this imbalance results in an increase in disputes between co-owners, sometimes over several years and over several dozen or even hundreds of minutes. In This, he asks him if an evolution of this reform, less disadvantageous for the minority co-owners of the unions whose number of votes is divided between two co-owners, is envisaged.

Machine translation from French. The official text remains authoritative.

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