https://www.lesgrandesterres.net/reglement.htm
U.S.G.T. CO-OWNERSHIP REGULATIONS
Purpose of the co-ownership rules
Chapter I
- article 1: designation of buildings
- article 2: easements for groups of dwellings and unions of
Syndicats
- article 3: designation by lots
Chapter II: Private portions - common portions
- article 4 : definition of private portions
- article 5 : definition of common areas
Chapter III
- article 6: rights and obligations of owners and their
their assignees
- article 7: occupation
- article 8: maintenance and works
- article 9: transfers-rentals
Chapter IV
- article 10: Cooperative Unions
- article 11: Union des Syndicats mandate
- article 12: General Meetings - Notice of Meetings
- article 13: holding of meetings
- article 14: majorities
Chapter V
- article 15: Administration - Conseil Syndical - Président-Syndic
Chapter VI
- article 16: common charges
- article 17 : "
- article 18 : apportionment of common charges
- Article 19: Determination of the proportion of ownership rights in the common areas between all owners
- article 20: apportionment of service charges
- article 21: payment of service charges - provisions - guarantees
Chapter VII: Miscellaneous provisions
- article 22: insurance
- article 23: special provisions in the event of a mortgage loan
Chapter VIII
- article 24: improvements - additions - heightening
- article 25: reconstruction
- article 26: disputes
- article 27: for matters not provided for....
- article 28: arbitration
- article 29: the President-Syndic will receive payment....
- article 30: easements and obligations affecting dwellings built with State assistance under the "economic and family" housing legislation
Chapter IX: Final provisions
- article 31: filing - publication
- article 32: mention - domicile
SUBJECT OF THE RULES
The purpose of these rules is :
1. to confirm the designation and the descriptive statement of division of the buildings contained in the original regulations;
2. to define the various categories of charges in accordance with article 10 of the law of 10 July 1965 and article 1 of the aforementioned decree of 17 March 1967, to determine the common areas allocated for the collective use of the owners and the private areas allocated for the exclusive use of each owner.
3. to determine the rights and obligations of co-owners with regard to both their private and exclusive property and the common property;
4. to organise the administration of the buildings with a view to their proper upkeep, maintenance, management of the common areas and the participation of each co-owner in the payment of expenses;
5. to specify the conditions under which these regulations may be amended and how any disputes arising from their application will be settled.
These co-ownership regulations and any amendments made to them in compliance with the conditions set out in article 26b of the law of 10 July 1965 and those set out in article 31 of these regulations shall be binding on all the co-owners, their successors and assigns (and in the event of dismemberment of the right of ownership as provided for in Title III of Book II of the Civil Code for bare owners and usufructuaries and all beneficiaries of a right of use and habitation). It will be the common law with which they must all comply.
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CHAPTER ONE
DESIGNATION OF PROPERTIES
Article 1
Overall designation
The property of the Syndicat du Square de ... consists of land located at MARLY le Roi (Yvelines) Domaine des Grandes Terres, with a surface area of approximately ... square metres (... m²).
Containing : - To the north, .... - To the south, .... - To the east, .... - To the West, ....
All the roads not yet officially numbered.
Land registry: Section ... Place-named "...". Nos ....
In addition, and as the said land extends, continues and comprises, with all its facilities and outbuildings, without any exception or reservation, and as the whole is shown on the plan attached hereto, which plan has been certified as true and sincere by the party making the comparison.
Three residential buildings with a ground floor and four square storeys are built on the land. The complex comprises ... staircases leading to ... three-, four- and five-room flats, each with a cellar. ... parking spaces for cars between the buildings and the road.
Article 2
Servitudes for groups of dwellings and Syndicates
1. The Housing Group Order issued by the Prefect of Seine et Oise on the thirteenth of June nineteen hundred and fifty-five, amended on the twenty-third of February nineteen hundred and fifty-six, includes a number of general easements.
2. The parts of the land not used for buildings and not reserved privately for car parking spaces are subject to reciprocal easements with the land of the nine other syndicates making up the Grandes Terres complex; they are developed as parks, gardens and sports or playgrounds, in accordance with the conditions set out in the original Articles of Association of the Association Syndicale that governed the property complex, which were filed with Maître VERLET, Notary in MARLY le Roi, on 26 December 1956.
Article 3
Lot designation
- 3-room flat (F3): entrance, kitchen, living room with loggia, hallway leading to two bedrooms, shower room with washbasin and shower, W.C.
- 4-room flat (F4): entrance, kitchen, living room with loggia, hallway leading to three bedrooms, shower room with washbasin and shower, WC.
- 5-room flat (F5): entrance, living room with balcony or loggia, kitchen, hallway, four bedrooms, toilet, shower room with washbasin and shower, WC.
It is specified :
- Basement cellars have an average surface area of four square metres;
- the parking spaces served by a central driveway have an average surface area of 10 square metres, between cement borders, but each represents an average surface area of 20 square metres, if accesses, services and clearances are taken into account.
Table A in Appendix I to the original co-ownership regulations, to which reference is made, lists all the co-ownership lots and their shares in the ownership of the land.
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CHAPTER II
PRIVATE PORTIONS - COMMON PORTIONS
Article 4
Definition of private areas
The private areas are those for the exclusive use of each owner, who is responsible for their maintenance and operation.
These areas include :
1. For co-owners of flats and cellars :
- Cladding of the main walls and floors of the flats and cellars. - The interior partitions of the flats. - The windows in these flats and their shutters - The railings and sill bars of the windows and loggias. - The ceilings. - Coatings on the main walls and partitions.
- All internal water, gas, water closet and sewage pipes for the exclusive and specific use of the premises.
- The appliances and taps required to operate the internal installations in the flats. - Sanitary installations. - Iron parts of balconies. - Kitchen installations. - Everything outside the flue in the flat.
- In short, everything in the flat and cellar that is for the exclusive and particular use of the owner. Partitions between two premises, if they do not form a common part, will be deemed to be shared.
As an exception to what is stated at the beginning of this article, the restoration, periodic painting and repair, if necessary, of flat windows, their shutters, railings and handrails, loggias and the iron parts of balconies, to the exclusion of any damage caused or tolerated by the owners and persons, animals and objects for which they are responsible, even though these items are private property, are carried out at joint expense by the syndicate, with the expenses being apportioned as indicated in Chapter VI, article 17, 3°.
2. For co-owners of parking spaces: The special enjoyment of numbered parking spaces and their outbuildings from the road outside.
Article 5
Definition of common areas
The common areas of property are those which are for the common use of the co-owners, who are jointly and severally liable for their maintenance and operation.
These common areas are subject to forced joint ownership, which, by express agreement, originates from the common intention of all the co-owners when the joint ownership was established. As a result, it is expressly understood that this joint ownership cannot under any circumstances be governed by articles 815 et seq. of the French Civil Code, as no owner may request the division or sale of the common portions or of any of them, as they are the property of all, assigned in perpetuity to common use as an indispensable accessory of each fraction of the joint ownership, and an easement exists over all these common portions for the benefit of each joint ownership lot.
They comprise :
1. The ... one hundred thousandths (.../'100,000) forming the share of the Syndicat de ... in all of the general improvements originally carried out by the Association Syndicale des Grandes Terres on behalf of the Sociétés Civiles Immobilières de Construction Marly-Grandes-Terres that made it up at the time.
These developments were carried out either on the undeveloped land of each of the companies, which was subject to easements as mentioned above (Chapter 1, Article 2), or in the basements and ground floors of the North-South buildings of each square, or even in some cases on land outside the Group.
These common areas are therefore owned jointly by the 10 syndicates that make up the Grandes Terres complex. They include
- Green spaces in the squares of each syndicate and in the central park.
- Roads, lanes and driveways with their surfaces.
- Planting.
- Playing fields.
- Common lighting installations.
- Water, sewerage and heating mains.
- In the North-South buildings of each square: the hall to the South, the caretaker's lodge and the basement rooms for communal use.
- The central heating plant building.
- The gardeners' house.
- The model flat.
- And, in general, all the work and equipment carried out by the Association Syndicale on behalf of the S.C.I. MARLY GRANDES TERRES and, subsequently, by the Union des Syndicats (having replaced the Association Syndicale) on behalf of the syndicates themselves.
2. The ground and subsoil of the land belonging, as stated above, to the syndicat du Square de ..., with all its connections: water, gas, electricity, heating, sewers, from the main conduits to the buildings, the foundations of the buildings, the main walls, the dividing walls and the framework of the buildings.
- Floor slabs and the heating pipes embedded in them.
- Terrace roofs with access skylights.
- Flues and external chimneys, ventilation.
- Gutters and gutters, rainwater and wastewater downpipes and drains.
- Basements and outbuildings, except as stated above for the North-South building.
- All local rubbish chutes.
- Entrance doors to buildings and basements, internal doors to basements.
- Entrances, corridors, staircases, stairwells, cellar chutes and cellar corridors.
- Windows and glazed areas illuminating communal areas.
- Various pipes inside buildings, heating, cold water, hot water.
- Gas, electricity and telephone ducts.
- Heat exchangers, tanks, pipes and appliances used for heating and hot water.
- Water, gas and electricity risers and all pipes, appliances and ducts serving the building and not used exclusively by a co-owner.
- The lighting system for the building's staircases and corridors.
- And in general, everything that is for common use in the buildings.
3. The outbuildings of the parking spaces from the external road are in common use by the co-owners of these spaces.
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CHAPTER III
Article 6
Rights and obligations of owners and their assignees
1 Every owner has the right to enjoy and dispose of the things that constitute his or her particular property, on condition that he or she does not prejudice the particular or common rights of the other owners and that he or she complies with the provisions set out below.
2. No alteration that could compromise the purpose of the building may be made without the unanimous consent of the owners; in particular, the dwellings shall remain exclusively for residential use. It is therefore absolutely forbidden to carry on any business or profession involving the reception of customers.
Article 7
Occupation
1. All occupants must comply with these Rules and with the internal rules of the Union and the Union des Syndicats, which are drawn up and kept continually up to date by the local representatives of the unions.
2. No owner or occupant of the building may encumber the vestibules, landings, stairways, corridors, basements or gardens, nor allow any object to remain there or be placed there, nor have any household work carried out such as cleaning, washing and hanging laundry, washing barrels or bottles, carding mattresses, washing or brushing furniture, carpets, bedding, clothes, shoes, etc...
Children must not play on staircases or landings, or in basements, cellar corridors, car parks or car park access roads.
Shared basements are reserved for children's cars, bicycles, scooters and motorbikes belonging to co-owners. However, owners of motorbikes or scooters must enter and leave their vehicles by hand and only start their engines when they reach the car parks.
3. No advertising signs or inscriptions may be affixed to any part of the common areas, either inside or outside, nor to the windows or other parts of the property visible from the outside.
4. No linen, pantries or any other object likely to destroy the general harmony of the facades may be placed or displayed in the windows or on the loggias.
5. However, such windows or loggias may be fitted with flower pots or boxes, provided that they are well secured against falling and rest on undersides capable of retaining the excess water in order to avoid damaging the walls and inconveniencing the occupants of the lower floors.
6. There shall be no public sale of furniture or other objects in any part of the building, in any circumstances whatsoever, even after death.
7. Each occupant must ensure that the peace and good order of the building are not disturbed at any time by him or by members of his family, persons in his employ, visitors or, in general, any person for whom he is responsible. He/she may not make or allow to be made any noise disturbing the neighbours, or split or break wood or coal anywhere other than in the cellars.
8. Radios, televisions, recorders, etc. will only be tolerated insofar as they do not disturb the other occupants. In the event of discussion, the Chairman or, in his absence, the Vice-Chairman, will have the authority to decide.
9. Carpets, bedding and clothing may not be shaken or brushed out of the windows after 9.30 a.m. Similarly, it is absolutely forbidden to remove any items of clothing from the windows. Similarly, it is absolutely forbidden to shake tea towels or brooms and in general to throw dust out of windows after 9.30 a.m.
10. All owners of animals must ensure that they do not cause a nuisance to other occupants of the building; it is specified that, although animals are in principle tolerated, the President-Syndic will have the authority to decide whether, in a particular case, the presence of an animal in the building causes a nuisance to a particular occupant. Any damage caused by an animal will be the sole responsibility of its owner. If necessary, the President-Syndic will use all legal means to summon the owner of an unwanted animal to remove it.
11. Dirty or bulky items may not be delivered on Sundays or public holidays. After moving in or moving out, any co-owner who has done so, either personally or because of a tenant, is required to remove the most noticeable traces (shavings, paper, crate debris, etc.) without delay and will be held civilly liable and may be brought before the Court for any damage caused to the common areas as a result of moving in or moving out.
12. Co-owners moving in or out will be required to pay a fee for the use of the access roads to the car parks and the fire road, the amount of which will be set each year by the general meeting of the Union des Syndicats.
13. Refuse chutes must be used in accordance with the instructions of the manufacturer and the President-Syndic.
14. Under no circumstances may the Syndicat be held responsible for theft from common or private areas.
15. No explosive or flammable substances may be stored in the building, and in particular in the cellars.
16. Car parking spaces, with their accesses, clearances and service roads, are for the exclusive use of the owners of these parking spaces. A co-owner of one of these parking spaces may make it available to another person. In this case, they must notify the square's concierge. No other private vehicles or delivery vehicles may enter these car parks, let alone park there. Access to on-road car parks must be kept clear.
17. The Syndicat's internal regulations may subsequently specify or supplement any point in these regulations.
18. In the context of the Union's internal regulations, it is recalled that :
- It is forbidden to cross the lawns.
- There is a place for small children in the square. This area is reserved for children under the age of 6, supervised by their parents, who must intervene to prevent noisy play and shouting.
- The paths in the square must not be used as playgrounds.
- The use of motorbikes, scooters, bicycles, scooters or roller skates is prohibited throughout the housing estate.
- The internal service road is for occasional use only: fire brigade, mortuary vans, ambulances, removals, etc.
- Dogs or other animals must be kept on a lead within the housing estate and must only be allowed to roam when accompanied and only on footpaths. They must be taken outside the group to relieve themselves.
19. Each co-owner, his parents, children or guests must take into account the observations of the employees of the Union des Syndicats, some of whom are sworn.
20. The officers of the Union shall note and report to the President-Syndic and to the Union any infringement of these co-ownership regulations and the by-laws.
21. Any co-owner responsible for a breach of these rules or the internal regulations may be charged a penalty, set according to a scale determined by the General Meeting. It will be recovered by the Union. Collection of this lump-sum penalty by the Caisse de l'Union shall constitute a settlement and a waiver on the part of the Caisse de l'Union and the syndicate concerned of any other compensation for the prejudice that may result from the breach observed, but without prejudice to any rights or actions of other co-owners who may have been individually prejudiced.
Article 8
Maintenance - Work
1. Each co-owner must maintain his premises and outbuildings in a good state of repair.
2. He/she must keep the taps and cisterns in his/her flat in good working order, so as to avoid leaks and their consequences. Any damage caused by a leak will be repaired at the expense of the owner responsible.
3. Each occupant must have the chimneys, stoves and furnaces used in their premises swept whenever necessary (at least once a year for the chimneys and appliances used): slow-burning stoves may not be used. The consequences of a chimney fire, including the rebuilding of flues, are the responsibility of the person in whose premises the fire started.
4. Occupants must bear the cost of any repairs or work carried out in the communal areas, without compensation, even if these repairs or work last for more than 40 days.
5. They must, if necessary, give access to the architects, contractors and workmen responsible for supervising, conducting or carrying out such cleaning, repairs and work. They must also, at their own expense, clear the premises of any objects that need to be removed (carpets, paintings, furniture, etc.).
6. All owners will be responsible for any subsidence or damage that may occur as a result of work or installations carried out in their flat or its annexes.
7. Whenever alteration work is carried out in a premises, the occupants thereof must give access to the President-Syndic and the architect, to enable them to ascertain that the said work is not such as to be detrimental to the solidity of the building, or to the legitimate interests of the owners of the other premises.
8. Items for the common use of certain co-owners only may be modified with the unanimous consent of those co-owners only, after authorisation by the President-Syndic.
9. The owner of each unit must not place or allow to be placed in the unit or in the annexes, safes or other objects whose weight exceeds the load limit determined by the architect so as not to compromise the solidity of the floors and walls or crack the ceilings.
10. Landing doors, windows, balcony railings, shutters and, in general, everything that can be seen from the outside, although the property of each individual, may not be altered in such a way as not to detract from the general harmony of the buildings.
11. Parking spaces must remain in their original state.
12. Doormats placed in front of doors giving access to private areas must be in good condition and conform to the original model.
13. Each owner may have blinds of a uniform model placed on the windows of his premises, on roads and gardens.
14. The occupants of the square must observe and comply with the town's health, police and road regulations and, more generally, with all the practices of well-kept dwellings.
Article 9
Transfers - Rentals
1. The owners of the co-ownership lots may sell them in their entirety only.
2. When a lot is transferred for valuable consideration, and if the seller has not presented the notary with a certificate from the President-Syndic less than one month old attesting that he is free of any obligation to the syndicate, notice of the transfer must be given to the President-Syndic of the building, by registered letter with acknowledgement of receipt, at the buyer's request. Before the expiry of eight days from receipt of this notice, the President-Syndic may, by extrajudicial act, lodge an objection to the payment of the funds at the elected domicile in order to obtain payment of the sums still owed by the former owner. This objection, under penalty of nullity, shall state the amount and the reasons for the claim and shall state that the address for service is within the jurisdiction of the Tribunal de Grande Instance (Regional Court) for the location of the property. No amicable or judicial payment or transfer of all or part of the price will be enforceable against the Chairman-Treasurer who has lodged an objection within the aforementioned period.
3. In the event of a sale by public auction, either amicably or by court order, of parts of a property, the successful bidder will be obliged to pay, in addition to the price, all charges due and not paid by the seller; this clause must be included in the Cahier des Charges.
4. If a premises is rented, the owner must notify the Chairman-Trustee in the aforementioned manner, specifying the name of the tenant, the amount of the rent and the method of payment to enable the Chairman-Trustee to exercise any movable lien created by the law of 29 November 1939, failing which the furniture deposited in the premises will be considered as belonging to the owner of the premises and will serve as a pledge for the exercise of the lien.
5. The same flat may not be let to several different tenants or families at the same time.
6. Tenants may not be paid more than six months' rent in advance.
7. Any owner who does not occupy his own flat will remain personally responsible for the enforcement of these rules and will be liable to the syndicate and the owners of the other flats for the actions of the occupants, without prejudice to his right of recourse against the latter. Any lease or other title granting the right to occupy the premises must include an undertaking on the part of the occupant to abide by these rules.
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CHAPTER IV
Article 10
Cooperative Unions
The community of co-owners is constituted as a syndicate with legal personality. In accordance with article 14 of law no. 65-557 of 10 July 1965, the syndicate, by its first resolution of today's general meeting, has adopted the form of a co-operative syndicate governed by the provisions of the aforementioned law, the provisions of decree no. 67-223 of 17 March 1967 and by these co-ownership regulations. The purpose of this cooperative syndicate is to preserve the group of buildings, administer the common areas and, more generally, manage all services useful to all the co-owners. It may amend these co-ownership regulations by a majority of the members of the syndicate representing at least three quarters of the votes. Decisions which fall within the competence of the syndicate are taken by the general meeting of co-owners, or the syndicate council as the case may be, and executed by the President-Syndic as described below. The syndicate of co-owners takes the name of "Syndicat du square de ...". Its registered office is at MARLY le Roi, domaine des Grandes Terres.
Article 11
Mandate of the Union des Syndicats
1 In application of article 44 of law no. 65-557 of 10 July 1965, the General Meeting approves the plan to transform the Grandes Terres association whose articles of association were filed with Maître VERLET, notary in Marly-le-Roi, on 26 December 1956, into a Union des Syndicats des Grandes Terres, governed by the aforementioned law of 10 July 1965 and decree no. 67-223 of 17 March 1967 (a copy of which is attached hereto).
2. The general meeting of the syndicate instructs the Union des Syndicats des Grandes Terres, within the framework of the annual budget :
a) the administration, caretaking, maintenance and development of :
- parks and gardens, sports, cultural and social facilities ;
- common parts of buildings ;
- the boiler room, hot water distribution and heating systems
b) joint investments, cleaning and repairs to common areas as defined in Article 5, as well as the items listed in the last paragraph of 1° of Article 4.
c) providing accounting services and collecting charges;
d) taking out and renewing all insurance policies;
e) and generally to provide all services and make all joint investments useful to the life of the major property complex.
Article 12
General Meetings - Convening
1. The co-owners shall meet at a General Meeting convened by the President-Syndic or the Vice-President.
2. The Chairman-Treasurer or the Vice-Chairman shall convene the general meeting of the co-owners whenever he deems it necessary and at least once a year during the first half of the year; failing which, the general meeting may be validly convened by any of the co-owners, in the manner provided for in articles 8 and 50 of the Decree of 17 March 1967.
3. The Chairman-Syndic or the Vice-Chairman must also convene a General Meeting whenever requested to do so by the Trade Union Council or by co-owners representing at least one quarter of the votes of all the co-owners. The request must specify the matters that are to be placed on the agenda of the meeting. The Chairman or Vice-Chairman must then convene the General Meeting within one month of receipt of the request.
4. Notice of the meeting shall be sent to the co-owners by registered letter addressed to their domicile or to a domicile elected by them, or delivered against receipt at least 15 days before the date of the meeting. In an emergency, the meeting may be convened within a minimum of six days. Notices of meeting contain the agenda, which specifies each of the matters to be discussed at the meeting, and the place, date and time of the meeting.
5. In accordance with article 11 of the aforementioned decree of 17 March 1967, when the general meeting is called to approve the accounts, the income and expenditure account for the previous financial year must be sent to the co-owners at the same time as the notice of meeting. When the meeting is called to vote on the appropriations for the next financial year, the provisional budget must be sent to the co-owners at the same time as the notice of meeting. The same applies to the draft co-ownership regulations, the descriptive statement of division or the statement of distribution of charges when the meeting is called to approve or amend them. The same applies to the draft contract proposed when the meeting is called to approve or authorise a transaction, an estimate or a contract for carrying out work not provided for in the provisional budget, as well as to the draft contracts referred to in articles 25d, 26a), of the law of 10 July 1965 and in article 39 of decree no. 67-223 of 17 March 1967.
6. Within six days of receiving the notice of meeting, the co-owners may request that additional items be added to the agenda. In this case, the President-Syndic or the person who convened the General Meeting must notify the co-owners, at least five days before the General Meeting, of the status of these items.
7. Transfers : Transfers are not binding on the syndicate until they have been notified to the President-Syndic. Notice of the meeting duly sent to the former owner prior to notification of the transfer does not have to be repeated: it is valid in respect of the new owner. In the event of joint ownership or usufruct of a lot, the notice of meeting is validly sent to the joint representative.
Article 13
Holding of meetings
1. Co-owners who are unable to attend meetings shall have the right to be represented by a proxy holding a permanent or special power of attorney for the meeting convened. No proxy may represent more than three co-owners. In accordance with article 22 of the law of 10 July 1965, the President-Syndic, his spouse and his agents may not receive a proxy to represent a co-owner.
2. An attendance sheet will be drawn up for the co-owners present or represented, indicating the number of votes they hold. This sheet shall be signed by each co-owner or by his proxy. It shall be certified as accurate by the Chairman of the Meeting.
3. The legal representatives of minors, persons under legal age or other incapacitated persons shall attend meetings in their place.
4. In the event of joint ownership or usufruct of a lot, the interested parties must be represented by a joint proxy who, failing agreement, will be appointed by the President of the Tribunal de Grande Instance at the request of one of them or of the Chairman.
5. The General Meeting is held at the place specified in the notice convening the meeting.
6. It elects its Chairman.
7. The President-Syndic, the Vice-president of the Syndic's Council, their spouses or their agents may not chair the meeting.
8. If necessary, a bureau is set up comprising two scrutineers and a secretary. Unless otherwise decided by the General Meeting, the Chairman-Syndic acts as secretary for the meeting.
9. Only items on the agenda appearing on the notices of meeting or notified in accordance with the conditions set out in article 12, paragraph 6, above may be discussed.
10. In general meetings, each of the co-owners shall have as many votes as he has shares of the common portions; however, if a co-owner has a share of the common portions greater than half, the number of votes he has shall be reduced to the sum of the votes of the other co-owners.
11. The deliberations of the general meeting are recorded in minutes entered in a register specially opened for this purpose and signed by the officers of the meeting.
12. In the cases provided for in articles 30 to 37 of law no. 65-557 of 10 July 1965, the minutes shall indicate the names of the co-owners who opposed the decision of the meeting, as well as those who did not take part in the vote or who abstained.
13. Copies or extracts of these minutes to be produced in court or elsewhere are certified by the President-Syndic.
Article 14
Majorities
1. Subject to the provisions of article 24 of the law of 10 July 1965, the decisions of the General Meeting are taken by a majority of the votes of the co-owners present or represented who, by virtue of these regulations, have the right to vote in respect of the resolution in question.
2. However, decisions concerning :
a) any delegation of the power to take any of the decisions referred to in paragraph 1 above.
b) the authorisation of certain co-owners to carry out, at their own expense, work affecting the common areas or the external appearance of the buildings, in accordance with the purpose for which the buildings are used.
c) the appointment or dismissal of members of the Trade Union Council.
d) the conditions for carrying out acts of disposal on the common areas or on rights ancillary to these common areas, when the acts result from legal or regulatory obligations, such as those relating to the establishment of common courtyards, other easements or the transfer of joint ownership rights.
e) the procedures for carrying out and executing works made compulsory by virtue of legal or regulatory provisions.
f) changes to the apportionment of the charges referred to in paragraph 1 of article 10 of the law of 10 July 1965, made necessary by a change in the use of one or more private portions.
If no decision is taken in accordance with the majority requirements set out in this paragraph, a new General Meeting shall be convened in accordance with the conditions set out in paragraph 1 above. If the agenda for this new meeting only concerns matters already on the agenda of the previous meeting, the notice period may be reduced to 8 days and the notifications provided for in article 12 paragraph 6 of this text need not be repeated.
3. Decisions concerning :
a) acts of acquisition of property and acts of disposal other than those referred to in paragraph 2d above.
b) amendments to the co-ownership regulations insofar as they concern the enjoyment, use and administration of the common areas.
c) works involving alterations, additions or improvements, with the exception of those referred to in paragraph 2e above. The general meeting may not, by any majority whatsoever, impose on a co-owner any change to the destination of his private portions or to the terms and conditions of their enjoyment as set out in the regulations of the co-ownership. It may not, except by a unanimous vote of all the co-owners, decide to dispose of the common portions, the preservation of which is necessary to respect the purpose of the immovable.
4. Decisions duly taken are binding on all the co-owners, even those not represented at the meeting. Resolutions shall be notified to non-attendees and objectors by means of a copy of the "Gazette des Grandes Terres", the official condominium journal, in which the minutes of the meeting, certified by the President-Syndic, shall have been inserted. This copy will be sent to them by registered post with acknowledgement of receipt. This notification must also reproduce the text of article 42 (paragraph 2) of the law of 10 July 1965.
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CHAPTER V
Article 15
Administration - Conseil Syndical - President-Syndic
1. The General Meeting, acting by a majority of the votes of all the co-owners, elects a Trade Union Council composed of at least three and at most twelve members, chosen from among the co-owners, their spouses or their legal representatives. The election of the members of the Trade Union Council must take place by secret ballot on the proposal of the Trade Union Council or when requested by at least one tenth of the co-owners present before or during the General Meeting.
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2. In all cases, the Trade Union Council is no longer duly constituted if more than a quarter of the seats become vacant for any reason whatsoever.
3. The members of the Trade Union Council are elected for three years. They may be re-elected. They may be dismissed at any time by the General Meeting, under the conditions of their appointment.
4. The duties of a member of the Trade Union Council are free of charge and entitle only to reimbursement of expenses incurred in the exercise of those duties, subject to supporting documentation.
5. The Syndic's Council meets as often as circumstances require and at least once a quarter, when convened by the Chairman-Syndic or by more than half of its members. Notices of meeting are delivered against receipt or sent by registered post and contain the agenda. The Syndic's Council may only validly deliberate if at least half of its members are present. Decisions are taken by a majority of the members present. In the event of a tie, the Chairman of the meeting has the casting vote.
6. The Syndic's Council supervises the management of the President-Syndic, in particular the allocation of expenses and their compliance with the provisional budget, the conditions under which contracts and all other contracts are awarded and executed. It gives its opinion to the Chairman-Syndic on all matters that the latter submits to it or that it considers itself.
7. The General Meeting, acting by a majority of the votes of all the co-owners, may confer on the Trade Union Council any mission or delegation for a specific purpose. In particular, it may authorise the Trade Union Council to make certain expenditure decisions up to an amount which it sets as a maximum. The Trade Union Council reports to the General Meeting on the execution of the mission entrusted to it.
8. The Trade Union Council elects from among its members a Chairman-Syndic who is the legal representative of the cooperative syndicate and a Vice-Chairman who assumes the duties of the Chairman-Syndic if the latter is unable to act. The Chairman-Syndic and the Vice-Chairman may be elected for no longer than their term of office as members of the Trade Union Council. They may be re-elected.
9. The Chairman-Syndic and the Vice-Chairman may be dismissed at any time by the Trade Union Council.
10. The Chairman-Syndic is the executive body and agent of the cooperative syndicate. The Chairman-Syndic is responsible in particular for :
- ensuring the execution of the provisions of the condominium by-laws and the resolutions of the general meeting as well as the decisions taken by the union council by virtue of the powers conferred upon it by paragraphs 6 and 7 of this article.
- to represent the cooperative in all civil acts and legal proceedings.
- to participate in the drawing up by the Union des Syndicats des Grandes Terres of the provisional budget voted by the General Meeting of the syndicate.
11. The President-Syndic draws up and keeps up to date a list of all the co-owners with an indication of the lots which belong to them as well as all the holders of the rights referred to in article 6 of decree no 67-223 of 17 March 1967; he mentions their civil status as well as their real or elected domicile.
12. The President-Syndic holds the archives of the cooperative union which will be deposited at the Head Office of the Union des Syndicats.
13. The offices of President-Syndic and Vice-President are free of charge.
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CHAPTER Vl
Article 16
Common charges
The co-owners shall bear :
1. Charges resulting from specific expenses decided by the general meeting of the co-operative syndicate.
2. Expenses resulting from the management entrusted by the cooperative association to the Union des Syndicats des Grandes Terres and included in the annual budget.
Article 17
The charges referred to in 2° of the above article are those designated below in application of Article 1 of the aforementioned Decree of 17 March 1967, as well as those defined by the General Meeting; they include in particular :
-1. Taxes, contributions and levies of all kinds, to which all common property and parts thereof shall be subject, even those relating to the private parts, as long as the direct taxation department does not apportion them among the various owners, as well as any taxes, contributions and levies that may be imposed on the Union des Syndicats des Grandes Terres.
-2. The cost of maintenance, repairs and fittings of any kind, whether major or minor, to be carried out in a general manner on all common premises and common parts.
-3. The cost of cleaning and painting balconies, window exteriors, shutters, blind bars, railings, balustrades, balustrade sills and windows in each flat, even though these items are private property, as stated in the last paragraph of Article 4, paragraph 1 above.
-4. Staff costs and the various products or materials used by this staff.
-5. The fees of the technical advisors and, where applicable, the reimbursement of the expenses of the members of the Trade Union Council and the Council of the Union des Syndicats des Grandes Terres.
-6. Expenses required for the operation of the cooperative union and the Union, including expenses relating to the publication of the "Officiel des Copropriétaires".
-7. The cost of lighting common areas.
-8. Cold water costs.
-9. All costs relating to the production of heating and hot water.
-10. Insurance premiums for fire, accident and other risks relating to the common areas managed by the Union, as well as premiums for civil liability insurance for members of the Trade Union Council and the Union Council.
-11. Financial charges.
-12. Acquisition costs, management costs and depreciation of common facilities, in particular sports, cultural and social facilities.
Article 18
Apportionment of common expenses
1. The expenses resulting from the management entrusted by the syndicate to the Union des Syndicats des Grandes Terres are divided between the syndicates members of this Union in proportion to the thousandths of co-ownership of each syndicate.
2. The distribution among the co-owners who are members of the syndicate, of the expenses provided for in article 16 above, shall be done in accordance with the provisions of article 20 below.
Article 19
Determination of the proportion of ownership rights of each lot in the common areas between all the co-owners
These shares, which apply to the common areas defined above in paragraphs 1° and 2°, are specified in the last column of table "A" forming appendix "I" to the original co-ownership regulations referred to.
They apply both to the land and to the other common areas. The co-ownership being divided into (...°) these shares are :
- 41 for a 3-room flat
- 49 for a 4-room flat
- 55 for a normal 5-room flat or ground floor of Nord-Sud
- 57 for a 5-room flat - on the North-South building floors
- 1 for a cellar
- 2 for a parking space
Article 20
Allocation of costs
a) The charges defined in article 17, which concern all the co-owners of the syndicate of ... divided into ...° according to column 3 of table B of the original co-ownership regulations.
b) Miscellaneous charges, which are of interest only to owners of flats and cellars, are divided into ...° according to column 4 of table B of the original condominium regulations.
c) Those relating to flat lots only are divided into ...°, according to column 5 of the same table B.
d) Miscellaneous charges relating only to parking spaces are apportioned in accordance with column 6 of the same table between the owners of parking spaces only, in ...°.
e) In the event that, in agreement with the Syndicat, the co-owners of a staircase carry out specific maintenance work, the cost of this work will be divided among them in accordance with their number of votes in the Syndicat.
f) In the event that, with the agreement of the Syndicat, the owners of a group of cellars carry out specific maintenance work, the cost of this work will be divided equally among these owners.
Article 21
Settlement of charges - Provisions - Guarantees
General and specific accounts of charges will be drawn up once a year, before 31st March following the financial year just ended.
These accounts will be examined by the syndicate's union council and then submitted to the general meeting, which will meet during the 1st half of each year.
The co-owners will pay quarterly instalments on 15 January, 15 April, 15 July and 15 October of each year.
The General Meeting approves, where appropriate, the method of investment of the funds thus collected.
The sums due, the amount of which is shown on the quarterly statement of calls for provisions, will be subject to a flat-rate increase of 5% as from the 15th day following the sending of the registered letter (the postmark serving as proof).
All costs, recovery fees, lawyers' or solicitors' fees, court costs and any other possible disbursements advanced by the syndicate with the aim of guaranteeing or recovering the debt of a defaulting co-owner, will be borne by that co-owner.
The claims of all kinds of the syndicat coopératif against each co-owner, whether in the form of provisions or final payments, will be guaranteed by the securities provided for in article 19 of law no. 65-557 of 10 July 1965.
The syndicate authorises and subrogates in its rights in this respect the Union des Syndicats, which is responsible for collecting these debts.
The provisions of articles 819, 821, 824 and 825 of the Code of Civil Procedure are applicable to the recovery of debts of all kinds, whether in the form of provisions or final payments.
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CHAPTER VII
MISCELLANEOUS PROVISIONS
Article 22
Insurance
1. The Union des Syndicats shall take out, renew, replace or modify the insurance policies taken out in the name of the Syndicat des copropriétaires.
2. However, the interested parties may individually contract for their own benefit, expense and risk, such additional insurance as they may see fit.
3. In the event of a claim, the total or partial indemnity shall be deposited in the hands of the Chairman-Syndic acting as receiver.
4. In the event of a partial loss, it will be used by the President-Treasurer to restore the building and to pay contractors as work progresses.
5. If the indemnity is insufficient to restore the building, the additional amount will be borne by all the co-owners in the proportion determined by column 4 of Table B forming Appendix 2 to the original regulations and recovered by the President-Syndic as common charges from these owners.
6. In the event of total loss, reconstruction will only be compulsory by decision of the general meeting of owners, which must be passed by the majority provided for by law.
7. In such a case, the total compensation for the building affected by the loss must be placed entirely at the disposal of the receiver as aforesaid to be used for the total reconstruction.
8. If there is no need for reconstruction, the compensation will be divided among the owners in proportion to their ownership rights in the common property. As for the parts that may remain (land, pipes, basement, buildings, etc.), they must be put up for sale by public auction, the price of which must be divided between the co-owners in the manner indicated below.
9. In addition to the insurance mentioned above, each co-owner shall be required to insure his furniture against fire and explosion and to insure himself against recourse to neighbours, with a solvent French company for a sum to be agreed by the first general meeting of co-owners.
10. He must also subject all tenants or occupants of his flat to this obligation, who must in particular cover their rental liability, whether they occupy the premises free of charge or in return for payment.
Article 23
Special provisions for mortgages
Any co-owner who wishes to take out a mortgage on his unit must inform his creditor of the provisions of these regulations relating to insurance and oblige him to comply with them. In particular, he must obtain the creditor's consent that, in the event of a claim, compensation representing all or part of the building may be paid directly, without his assistance and without his presence, into the hands of the President-Syndic and, consequently, his waiver of the benefit of the provisions of the law of 13 July 1930.
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CHAPTER VIII
Article 24
Improvements - Additions - Raising
Improvements and additions to private premises, as well as the exercise of the right to elevate, shall be carried out, where applicable, in accordance with the conditions set out in articles 30 to 37 of law no. 65-557 of 10 July 1965.
Article 25
Reconstruction
In the event of total or partial destruction, reconstruction shall be decided and, where appropriate, carried out under the conditions and with the effects set out in articles 38 to 41 of the law of 10 July 1965.
Article 26
Disputes
Without prejudice to the application of special texts setting shorter time limits, personal actions arising from the application of the law of 10 July 1965 between co-owners, or between a co-owner and the syndicate, are subject to a ten-year time limit.
Actions to contest decisions of the general meetings must, on pain of forfeiture, be brought by the opposing or retail co-owners within a period of two months from the date of notification of the said decisions sent to them by the President-Syndic.
In the event of a modification by the General Meeting of the basis for apportionment of charges, in cases where the law of 10 July 1965 allows it to do so, as stated in article 14 above, the Tribunal de Grande Instance (Regional Court) may, if a dispute relating to this modification is referred to it by a co-owner within the above-mentioned time limit, proceed with the new apportionment if the action is found to be well-founded.
The same applies to apportionments approved pursuant to article 30 of the law of 10 July 1965. All clauses contrary to the provisions of articles 6 to 17, 19 to 37 and 42 of the said law and those of the public administration regulations adopted for their application shall be deemed unwritten.
The co-ownership regulations and any amendments made thereto may only be invoked against the successors in title of the co-owners from the date of their publication in the real estate register.
Article 27
Owners must comply with the law of 10 July 1965 and the decree of 17 March 1967 in all matters not covered by these co-ownership regulations.
Article 28
Arbitration
Any difficulties of any nature that may arise between co-owners or between some of them and the syndicate, relating to the enjoyment and administration of the common portions of the building, and also relating to the conditions imposed on the enjoyment of the private portions and, in general, to any application of the co-ownership regulations, shall be settled by arbitration. Each of the parties concerned shall appoint its own arbitrator.
If, after the claimant has designated an arbitrator and the defendant has been notified of this by registered letter with acknowledgement of receipt, the defendant fails to appoint an arbitrator within fifteen days of receipt of this letter, the matter shall be referred to the President of the Tribunal de Grande Instance (Regional Court) for the location of the building for a summary ruling.
Failing agreement between the arbitrators, a third arbitrator shall be appointed by the arbitrators themselves.
If they are unable to agree on the name of the third arbitrator, the latter shall be appointed by the President of the Tribunal de Grande Instance of the place where the property is located, at the request of the earliest party.
The parties and the arbitrators shall not be obliged to observe the forms and time limits provided for in the Code of Civil Procedure. The Arbitral Tribunal shall have a period of three months to render its award.
In all cases, the award shall be final; it shall be immediately enforceable and may not be challenged by way of appeal or civil claim.
The party who, by refusing to enforce the award, compels the other party to pursue the judicial enforcement of the award, shall remain liable for all costs and duties to which the enforcement proceedings give rise.
The fees of each of the arbitrators shall be paid by the party which appointed him prior to the arbitration proceedings.
The total amount of these fees, including those of the third arbitrator, if any, as well as the costs to which the investigation of the case may give rise and which shall be taxed by the arbitrators, shall constitute the costs on which the arbitrators shall rule in their award.
Article 29
The President-Treasurer alone shall receive, upon simple receipt, the amount of damages or penalty payments to which one of the co-owners has been sentenced.
In the event of a criminal conviction, i.e. where there is no purely material loss to be made good, the funds collected shall be divided among the co-owners, with the exception of the co-owner or co-owners who have been convicted, in proportion to their ownership rights in the common property.
Article 30
Easements and obligations affecting dwellings built with state aid under the "economic and family" housing legislation
Throughout the twenty-year period during which the subsidies are granted, :
1. May not be totally or partially converted into industrial, administrative, commercial or professional premises. No such premises may be added to them.
2. May not be let on a seasonal or weekend basis or furnished.
3. May not be rented or occupied as an accessory to an employment or business contract.
4. Must be the main residence of its occupant, who must not have a second home in a locality where there is a housing crisis.
However, the property may, for a legitimate reason and on a temporary basis, be occupied as a second home, or rented out furnished.
In this case, the bonus will be withdrawn for the years during which these changes of use take place, which may only take place after a minimum of one year's principal occupation in compliance with the legislation on bonuses.
Any change in the conditions of occupancy or in the allocation of the premises receiving the bonus must be reported within one month, by registered letter, to the Service départemental de l'Urbanisme et de l'Habitation, so that the amount of the bonus can be revised or temporarily suspended.
The same shall apply in the event of any damage rendering the dwellings uninhabitable in whole or in part. The foregoing provisions must be mentioned in all deeds involving the transfer or rental of the dwellings.
Any person contravening the aforementioned provisions or attempting to benefit unduly from premiums by means of false declarations or fraudulent manoeuvres will be liable to the fine provided for by the legislation in force at the time.
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CHAPTER IX
FINAL PROVISIONS
Article 31
Filing - Publication
These co-ownership regulations shall be filed with the notary of the Syndicat and all the provisions contained herein shall be binding on all purchasers of co-ownership lots and their future beneficiaries.
In the event of a breach of the aforementioned provisions, sworn guards will draw up a report where necessary, and the Syndicat reserves the right to hold the perpetrator liable before the court, requesting in addition that each new breach observed be punished by a fine.
Each co-owner may obtain a copy of these regulations at his/her own expense.
These co-ownership regulations and the descriptive statement of division will be published at the 2nd mortgage office in Versailles in accordance with the law of 10 July and the legal provisions relating to land registration.
The same shall apply to any subsequent amendments that may be made to these regulations.
Article 32 and last
Mention - Domicile
Notice of the present agreement is given wherever necessary. For the performance of the aforementioned provisions, each co-owner is automatically given a domicile in MARLY le Roi, domaine des Grandes Terres.
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27/04/03 - COPROPERTY RULES page 63
