Article 1

This law governs any built building or group of built buildings whose ownership is
distributed among several people, in lots, each comprising a private part and a share of
common parts. In the absence of a contrary agreement creating a different organization,
this law is also applicable to real estate complexes which, in addition to land, facilities and
common services, include plots, built or not, subject to private property rights.

PRIVATE PARTIES

Article 2

The parts of buildings and land reserved for the exclusive use of a specific co-owner are
private.

The private parts are the exclusive property of each co-owner.

COMMON PARTS

Article 3

Common are the parts of buildings and land assigned to the use or utility of all or more than
one co-owner.

In the silence or the contradiction of the titles, are considered common parts:

– the ground, courtyards, parks and gardens, access roads;

– the structural work of the buildings, the elements of common equipment, including the
parts of the related pipes which pass through private premises;

– chests, ducts and chimney heads;

– the premises of the common services;

– passages and corridors.

The following are deemed to be rights ancillary to the common portions in the silence or
contradiction of titles:
– the right to raise a building assigned to common use or comprising several premises which
constitute different private parts, or to lower the ground;

– the right to erect new buildings in courtyards, parks or gardens constituting common
areas;

– the right to wet such yards, parks or gardens;

– the right of joint ownership relating to the common parts.

Article 4

The common parts are the object of an undivided property between all the co-owners or
some of them only; their administration and enjoyment are organized in accordance with
the provisions of this law.

Article 5

In the silence or the contradiction of titles, the share of the common parts relating to each
lot is proportional to the relative value of each private part compared to all the values of
said parts, such as these values result during the establishment of co-ownership,
consistency, area and location of lots, regardless of their use.

Article 6

The common portions and the rights which are ancillary to them may not be the subject,
separately from the private portions, of an action for sharing or of a forced auction.

Article 6-1

Created by Law n ° 79-2 of January 2, 1979 art. 1 (JORF January 3, 1979 in force July 1,
1979).

In the event of a modification in the quotas of the common parts relating to the lots,
whatever the cause, the rights subject to or admitted to publication of which the lots are the
subject are extinguished on the quotas which are detached from them. and extend to those
attached to it.
In the event of a change in the influence of a co-ownership resulting from the voluntary or
forced alienation or the acquisition of common parts, the rights subject to or admitted to
publicity, other than the easements, of which the lots are the object, extinguish on the
property transferred and extend to the property acquired.

However, the extension provided for in the previous paragraph, which takes place with the
rank attached to the original advertising, only takes place by the publication in the real
estate file of the declaration made by the trustee or a creditor that the property acquired is
free of all rights of the same nature on the day of the transfer or that he has become free of
these same rights. The inaccuracy of this declaration leads to the rejection of the advertising
formality.

Article 7

The partitions or walls, separating private parts and not included in the shell, are presumed
to be adjoining between the premises which they separate.

JOINT OWNERSHIP RULES

Article 8

A conventional co-ownership regulation, whether or not including the description of the

division, determines the destination of both private and common parts, as well as the
conditions for their use; it also fixes, subject to the provisions of this law, the rules relating
to the administration of the common portions.

The co-ownership regulations may not impose any restriction on the rights of the co-owners
other than those which would be justified by the destination of the building, as defined in
the deeds, by its characteristics or its location.

ENJOYMENT OF PRIVATE PARTIES

Article 9

Modified by Law n ° 2006-1772 of December 30, 2006 art. 60 (JORF December 31, 2006).

Each co-owner has the private parts included in his lot; he freely uses and enjoys the private
parts and the common parts under the condition of not infringing neither the rights of the
other co-owners nor the destination of the building.
However, if the circumstances so require and provided that the allocation, consistency or
enjoyment of the private parts included in its lot are not permanently altered, none of the
co-owners or their successors in title can prevent the execution, even inside its private
parts, of the works regularly and expressly decided by the general assembly by virtue of e, g,
h, and i of article 25, of d of article 26 and Articles 26-1 and 30.

The work leading to access to the private parts must be notified to the co-owners at least
eight days before the start of their work, unless there is a need for security or conservation
of the goods.

Co-owners who suffer damage as a result of the execution of the work, either because of a
definitive decrease in the value of their lot, or a serious disturbance of use, even if it is
temporary, or damage, are entitled to compensation.

This compensation, which is the responsibility of all the co-owners, is distributed, with
regard to the work decided under the conditions provided for by e, g, h and i of article 25,
by d of article 26 and by article 30, in proportion to the participation of each in the cost of
the work.

Article 10

Modified by Law n ° 2000-1208 of December 13, 2000 art. 76 (JORF December 14, 2000).

The co-owners are required to participate in the costs incurred by the collective services and
the elements of common equipment according to the usefulness that these services and
elements present with regard to each lot.

They are required to participate in the costs relating to the conservation, upkeep and
administration of the common portions in proportion to the relative values of the private
portions included in their lots, such as these values result from the provisions of article 5.

The co-ownership regulations set the share relating to each lot in each of the categories of
charges.

All co-ownership regulations published as of December 31, 2002 indicate the elements
taken into consideration and the method of calculation allowing the quotas of common
areas and the distribution of charges to be fixed.

Article 10-1
 Modified by Law n ° 2006-872 of July 13, 2006 art. 90 (JORF July 16, 2006).

By way of derogation from the provisions of the second paragraph of article 10, the
following are attributable solely to the co-owner concerned:

a) The necessary costs incurred by the syndicate, in particular the costs of formal notice,
recovery and mortgage taking from the formal notice, for the recovery of a justified claim
against a co-owner as well as the rights and emoluments of the acts of the judicial officers
and the right of recovery or collection at the expense of the debtor;

b) The trustee’s fees relating to the services he must perform for the establishment of the
dated statement on the occasion of the transfer for valuable consideration of a lot or a
fraction of a lot.

The co-owner who, at the end of a legal proceeding opposing him to the syndicate, sees his
claim declared founded by the judge, is exempt from any participation in the common
expense of the costs of the proceedings, the charge of which is shared between the others.
co-owners.

The judge may, however, decide otherwise in the light of the equity or the economic
situation of the parties to the dispute.

Article 11

Subject to the provisions of article 12 below, the distribution of charges can only be
modified by unanimity of the co-owners. However, when works or acts of acquisition or
disposal are decided by the general assembly ruling by the majority required by law, the
modification of the distribution of charges thus rendered necessary may be decided by the
general assembly ruling at the same majority.

In the event of separate alienation of one or more fractions of a lot, the distribution of
charges between these fractions is, when not fixed by the co-ownership regulations, subject
to the approval of the general meeting. acting by the majority provided for in Article 24.

In the absence of a decision from the general meeting modifying the bases for the
distribution of charges in the cases provided for in the preceding paragraphs, any co-owner
may refer the situation of the building to the tribunal de grande instance for the purpose of
proceeding with the new distribution made necessary.

Article 12
Within five years of the publication of the co-ownership regulations in the real estate file,
each owner may take legal action to revise the distribution of charges if the part
corresponding to his lot is more than a quarter higher, or if the part corresponding to that of
another co-owner is less than a quarter, in one or other of the categories of charges, than
that which would result from a distribution in accordance with the provisions of Article 10. If
the action is recognized as founded, the court proceeds to the new distribution of the
charges.

This action can also be exercised by the owner of a lot before the expiration of a period of
two years from the first transfer for payment of this lot which has taken place since the
publication of the co-ownership regulations in the real estate file.

Article 13

The co-ownership regulations and the modifications which may be made to them are only
opposable to the successors in particular of the co-owners from the date of their publication
in the real estate file.

Article 14

Modified by Law n ° 85-1470 of December 31, 1985 art. 5 (JORF January 1, 1986).

The collective of co-owners is constituted in a syndicate which has legal personality.

The union may take the form of a cooperative union governed by the provisions of this
law. The co-ownership regulations must expressly provide for this management method.

It establishes, if necessary, and modifies the co-ownership regulations.

Its purpose is the conservation of the building and the administration of the common
areas. He is responsible for damage caused to co-owners or to third parties by the
construction defect or lack of maintenance of the common parts, without prejudice to any
recourse actions.

Article 14-1

Created by Law n ° 2000-1208 of December 13, 2000 art. 75 I (JORF December 14, 2000 in
force January 1, 2002).
To meet the current expenses of maintenance, operation and administration of the
common parts and common equipment of the building, the syndicate of co-owners votes,
each year, a provisional budget. The general meeting of co-owners called to vote on the
provisional budget is convened within six months from the last day of the previous financial
year.

The co-owners pay the syndicate provisions equal to a quarter of the voted
budget. However, the general meeting may set different terms.

The provision is due on the first day of each quarter or on the first day of the period set by
the general meeting.

Article 14-2

Created by Law n ° 2000-1208 of December 13, 2000 art. 75 I (JORF December 14, 2000 in
force January 1, 2002).

Expenses for works, the list of which will be fixed by decree of the Council of State, are not
included in the estimated budget.

The sums relating to these expenses are payable in accordance with the terms voted by the
general meeting.

Article 14-3

Modified by Law n ° 2006-872 of July 13, 2006 art. 92 (JORF July 16, 2006).

The union’s accounts comprising the estimated budget, the charges and income for the
year, the cash position, as well as the appendices to the estimated budget are drawn up in
accordance with specific accounting rules set by decree. The accounts are presented with a
comparison of the accounts for the previous approved financial year.

The charges and income of the syndicate, provided for in the chart of accounts, are
recorded upon their legal commitment by the syndic, regardless of their payment. The
commitment is settled by the payment. However, a syndicate comprising less than ten lots
for residential, office or retail use, for which the average estimated budget over a period of
three consecutive years is less than 15,000 Euros, is not kept in double-entry
accounting. ; its commitments can be recognized at the end of the financial year.
The provisions of Articles 1 to 5 of Law No. 98-261 of April 6, 1998 reforming the accounting
regulations and adapting the land registration system are not applicable to co-owner
associations.

Article 15

The syndicate has standing to take legal action, both asking and defending, even against
some of the co-owners; he may in particular act, jointly or not with one or more of the
latter, with a view to safeguarding the rights relating to the immovable.

Any co-owner may nevertheless exercise alone the actions concerning the ownership or
enjoyment of his lot, on condition of informing the trustee.

Article 16

All acts of acquisition or alienation of common parts or of constitution of real property rights
for the benefit or at the expense of the latter, provided that they have been decided in
accordance with the provisions of Articles 6, 25 and 26, are validly passed by the union itself
and its leader.

The syndicate may itself acquire, for payment or free of charge, private portions without
these losing their private character. He may alienate them under the conditions provided for
in the preceding paragraph. He does not have a vote at a general meeting in respect of the
private portions acquired by him.

Article 16-1

Created by Law n ° 79-2 of January 2, 1979 art. 2 (JORF January 3, 1979 in force July 1,
1979).

The sums representing the price of the ceded common parts are automatically divided
between the co-owners in the lots of which these common parts appeared and in
proportion to the proportion of these parts relating to each lot.

The share of the price due to each co-owner is remitted to him directly by the trustee,
notwithstanding the existence of any security encumbering his lot.

These provisions do not derogate from those of Article L. 12-3 of the Code of Expropriation
for Public Utility.
 Article 16-2

Created by Law n ° 96-987 of November 14, 1996 art. 34 I (JORF November 15, 1996).

The expropriation for public utility of a built building, a group of built buildings or a real
estate complex subject to this law is continued and pronounced lot by lot against the co-
owners and holders of real property rights concerned, as well as, when it also relates to
common parts in joint ownership with other co-owners, against the syndicate.

When the expropriation relates only to parts common to all the co-owners, it is validly
pursued and pronounced against the syndicate representing the co-owners and holders of
real property rights.

When the expropriation is continued and pronounced against the syndicate, the provisions
of article 16-1 are applicable for the distribution of compensatory indemnities.

Chapter II: Administration of the co-ownership.

Section 1: General provisions.

Article 17

Modified by Law n ° 2000-1208 of December 13, 2000 art. 75 IV (JORF December 14,
2000).

The decisions of the syndicate are taken in a general meeting of the co-owners; their
execution is entrusted to a trustee who may be placed under the control of a trade union
council.

In cases where, before the meeting of the first general assembly, a trustee has been
appointed by the co-ownership regulations or by any other agreement of the parties, this
appointment must be submitted to the ratification of this first general assembly.

In the absence of appointment, the trustee is appointed by the president of the tribunal de
grande instance seized at the request of one or more co-owners.

Article 17-1

Created by Law n ° 2000-1208 of December 13, 2000 art. 75 IV (JORF December 14, 2000).
In the event that the administration of the co-ownership is entrusted to a cooperative
union, the constitution of a union council is compulsory and the trustee is elected by the
members of this council and chosen from among them. He automatically exercises the
functions of president of the union council. In addition, the union council may elect, under
the same conditions, a vice-president who replaces the syndic if the latter is unable to
attend.

The chairman and the vice-chairman are both revocable under the same conditions. The
general meeting appoints one or more natural or legal persons who may be co-owners or
external persons qualified to ensure the control of the accounts of the syndicate.

The adoption or abandonment of the cooperative form of the union is decided by a majority
of article 25 and, where applicable, of article 25-1.

POWERS OF THE TRUSTEE

Article 18

Modified by Law n ° 2007-309 of March 5, 2007 art. 8 (JORF March 7, 2007).

Regardless of the powers conferred on him by other provisions of this law or by a special
deliberation of the general assembly, the trustee is responsible, under the conditions which
may be defined by the decree provided for in article 47 below. below:

– ensure the execution of the provisions of the co-ownership regulations and the
deliberations of the general assembly;

– to administer the building, to provide for its conservation, custody and maintenance and,
in an emergency, to have all work necessary to safeguard it carried out on its own initiative.
this ;

– establish and keep up to date a maintenance booklet for the building in accordance with a
content defined by decree;

– establish the provisional budget, the accounts of the syndicate and their appendices,
submit them to the vote of the general assembly and keep separate accounts for each
syndicate which show the position of each co-owner with regard to the syndicate;
– to submit, at the time of its first appointment and at least every three years, to the vote of
the general assembly the decision to constitute special provisions in order to face the
maintenance or conservation work of the common parts and elements of common
equipment, likely to be necessary within the three years to expire and not yet decided by
the general assembly. This decision is taken by the majority referred to in article 25 of this
law;

– to open a separate bank or postal account in the name of the union into which all sums or
securities received in the name or on behalf of the union are paid without delay. The
general meeting may decide otherwise by the majority of article 25 and, where applicable,
of article 25-1 when the building is administered by a trustee subject to the provisions of
law n ° 70-9 of January 2, 1970 regulating the conditions for carrying out activities relating to
certain operations relating to buildings and business assets or by a trustee whose activity is
subject to professional regulations organizing the handling of union funds. Failure by the
trustee to comply with this obligation entails the automatic nullity of his mandate at the
expiry of the three-month period following his appointment. However, the acts he would
have done with third parties in good faith remain valid.

– to represent the syndicate in all civil and legal acts in the cases referred to in articles 15
and 16 above, as well as for the publication of the description of the division of the co-
ownership regulations or of the modifications made to these acts, without the need for the
intervention of each co-owner in the act or the publication requisition;

– when an electronic communications network internal to the building distributes television

services and if the installation allows access to national unencrypted television services by
terrestrial hertzian way in digital mode, to provide clear and visible information the co-
owners of this possibility and to provide the contact details of the distributor of services to
which the co-owner must apply to benefit from the digital “antenna service”, as provided
for in the second paragraph of article 34-1 of law n ° 86- 1067 of September 30, 1986
relating to freedom of communication.From the publication of Law n ° 2007-309 of March 5,
2007 on the modernization of audiovisual broadcasting and television of the future and until
November 30, 2011, this information is provided in the statement of charges sent regularly
by the trustee to the co-owners.

Only responsible for its management, it cannot be replaced. The general meeting alone can
authorize, by the majority provided for in article 25, a delegation of power for a specific
purpose.

If the trustee is unable to do so for any reason whatsoever or in the event of his failure to
exercise the rights and actions of the union and in the absence of stipulation in the co-
ownership regulations, a provisional administrator may be appointed by court decision.
 Article 18-1

Modified by Law n ° 94-624 of July 21, 1994 art. 35 I (JORF July 24, 1994).

During the period elapsing between the convening of the general meeting called to consider
the accounts and its holding, the supporting documents for the co-ownership charges, in
particular the invoices, the supply and operating contracts in progress and their
amendments as well as the quantity consumed and the unit or fixed price of each of the
categories of charges, are made available to all co-owners by the property manager at least
one working day, according to the terms defined by the general meeting. The latter may
decide that the consultation will take place on a day when the trustee receives the union
council to examine the documents mentioned above, any co-owner then being able to join
the union council; however,

Article 18-2

Modified by Law n ° 94-624 of July 21, 1994 art. 35 I (JORF July 24, 1994).

In the event of a change of trustee, the former trustee is required to hand over to the new
trustee, within one month from the end of his duties, the cash position, all the funds
immediately available and all union documents and archives.

Within the period of two months following the expiration of the period mentioned above,
the former administrator is required to pay the new administrator the balance of the funds
available after clearance of the accounts, and to provide him with the statement of accounts
of the co-owners as well. than that of the union accounts.

After formal notice remains unsuccessful, the newly appointed trustee or the president of
the union council may ask the judge, ruling in summary proceedings, to order under penalty
the delivery of the documents and funds mentioned in the first two paragraphs of this
article as well as the payment. interest due from the date of the formal notice.
GUARANTEE OF THE PAYMENT OF CO-OWNERSHIP CHARGES

Article 19

Modified by Ordinance n ° 2006-346 of March 23, 2006 art. 54 (JORF March 24, 2006).

The syndicate’s claims of all kinds against each co-owner are, whether it is a provision or
final payment, guaranteed by a legal mortgage on his lot. The mortgage can be registered
either after formal notice remained unsuccessful to have to pay a debt that has become
due, or as soon as the co-owner invokes the provisions of article 33 of this law.

The trustee has the capacity to register this mortgage for the benefit of the union: he can
validly consent to its release and request the cancellation, in the event of extinction of the
debt, without intervention by the general meeting.

The defaulting co-owner may, even in the event of a main proceeding, subject to a sufficient
offer of payment or an equivalent guarantee, request full or partial release from the
president of the high court ruling as in summary proceedings.

No registration or additional registration may be required for debts payable for more than
five years.

The claims referred to in paragraph 1 also benefit from the privilege provided for by article
2332 1 ° of the civil code in favor of the lessor. This privilege covers everything that adorns
the premises, unless they are the subject of an unfurnished rental.

In the latter case, it is carried over to the rents owed by the tenant.

Article 19-1

Modified by Ordinance n ° 2006-346 of March 23, 2006 art. 54 (JORF March 24, 2006).

The obligation to participate in the charges and work mentioned in Articles 10 and 30 is
guaranteed by the special real estate privilege provided for in Article 2374 of the Civil Code.

Article 19-2

Created by Law n ° 2000-1208 of December 13, 2000 art. 81 2 ° (JORF December 14,
2000).

In the absence of payment on its due date of a provision provided for in article 14-1, the
other provisions provided for in this same article and not yet due become immediately
payable after formal notice by registered letter with request for an opinion. of receipt which
has remained unsuccessful for more than thirty days from the day after the day of the first
presentation of the registered letter at the domicile of its recipient.

After having noted the vote of the provisional budget by the general meeting of co-owners
as well as the forfeiture of the term, the president of the tribunal de grande instance ruling
as in summary proceedings may order the defaulting co-owner to pay the provisions
provided for in article 14 -1 and become payable. The order is accompanied by provisional
execution as of right.

When the enforcement measure relates to a claim for successive performance from the
debtor of the defaulting co-owner, in particular a claim for rent or occupancy compensation,
this measure continues until the debt of the syndicate resulting from the termination of the
claim. ‘order.

Article 20

Modified by Law n ° 2000-1208 of December 13, 2000 art. 81 3 ° (JORF December 14,
2000).

When transferring a lot for valuable consideration, and if the seller has not presented the
notary with a certificate from the trustee with less than one month’s date, attesting that he
is free from any obligation with regard to the union, notice of the transfer must be given by
the notary to the building manager by registered letter with acknowledgment of receipt
within fifteen days from the date of the transfer of ownership. Before the expiration of a
period of fifteen days from receipt of this notice, the trustee may form at the elected
domicile, by extrajudicial act, opposition to the payment of funds within the limit below to
obtain payment of the remaining sums. owed by the previous owner. This opposition
contains the choice of domicile within the jurisdiction of the high court of the situation of
the building and, on pain of nullity, sets out the amount and the causes of the claim. The
effects of the opposition are limited to the amount thus stated.

Any payment or amicable or judicial transfer of the price made in violation of the provisions
of the preceding paragraph is unenforceable against the trustee who has regularly lodged an
opposition.

The regular opposition is valid for the benefit of the trade union implementation of the
privilege mentioned in article 19-1.

Article 21

Modified by Law n ° 2000-1208 of December 13, 2000 art. 81 4 ° (JORF December 14,
2000).

In any union of co-owners, a union council assists the trustee and controls its management.

In addition, he gives his opinion to the trustee or to the general assembly on all matters
concerning the union, for which he is consulted or which he takes up himself. The general
assembly of co-owners, ruling by a majority of article 25, decides on the amount of the
contracts and contracts from which consultation of the union council is made
compulsory. By the same majority, it fixes an amount for the markets and contracts from
which a call for competition is made compulsory.

He may take cognizance, and copy, at his request, and after having given notice thereof to
the trustee, of any exhibits or documents, correspondence or registers relating to the
management of the trustee and, in general, to the administration of the co-ownership.

He also receives, at his request, communication of any document of interest to the union.

The members of the union council are appointed by the general meeting from among the
co-owners, the partners in the case provided for by the first paragraph of article 23 of this
law, the buyers or the forward buyers mentioned in article 41 of law n ° 84-595 of July 12,
1984 defining the rental-purchase of real estate, their spouses or their legal
representatives. When a legal person is appointed as a member of the union council, it may
be represented there, in the absence of its legal or statutory representative, by an
authorized representative specially authorized for this purpose.

The trustee, his spouse, his ascendants or descendants, his servants, even if they are co-
owners, partners or term buyers, cannot be members of the union council. The provisions of
this paragraph are not applicable to cooperative unions.

The union council elects its president from among its members.

When the general assembly fails, for lack of candidacy or failure for the candidates to obtain
the required majority, the appointment of the members of the union council, the minutes,
which explicitly mention it, are notified, within a period of time. one month, to all co-
owners.

Except in the case of cooperative unions, the general assembly may decide by special
deliberation, by the majority provided for in article 26, not to set up a union council. The
contrary decision is taken by a majority of the votes of all the co-owners.

In the absence of designation by the general meeting by the required majority, and subject
to the provisions of the preceding paragraph, the judge, referred to by one or more co-
owners or by the trustee, may, with the consent of the interested parties, appoint the
members of the union council; he may also find that it is impossible to set up a union
council.

Article 22

Modified by Law n ° 94-624 of July 21, 1994 art. 35 I (JORF July 24, 1994).
The co-ownership regulations determine the operating rules and the powers of general
meetings, subject to the provisions of this article, as well as those of articles 24 to 26 below.

Each co-owner has a number of votes corresponding to his share in the common
areas. However, when a co-owner has a share of the common parts greater than half, the
number of votes at his disposal is reduced to the sum of the votes of the other co-owners.

Any co-owner may delegate his voting rights to a proxy, whether or not the latter is a
member of the syndicate. Each proxy may not receive more than three voting
delegations. However, a proxy may receive more than three delegations of vote if the total
of the votes he has himself and those of his constituents does not exceed 5%. 100 of the
union’s votes. The representative can, moreover, receive more than three delegations of
vote if he participates in the general assembly of a main union and if all his constituents
belong to the same secondary union.

The trustee, his spouse, and his employees cannot chair the meeting or receive a mandate
to represent a co-owner.

Article 23

Modified by Law n ° 94-624 of July 21, 1994 art. 35 I (JORF July 24, 1994).

When several lots are allocated to people who have set up a company that owns these lots,
each partner nevertheless participates in the union meeting and has a number of votes
equal to the share in the common areas corresponding to the lot. of which he has the
enjoyment.

In the event of joint ownership or usufruct of a lot, the interested parties must, unless
otherwise stipulated in the co-ownership regulations, be represented by a common
representative who will, in the absence of agreement, be appointed by the president of the
tribunal de grande instance. at the request of one of them or of the trustee.

SINGLE MAJORITY OF ARTICLE 24

Article 24
 Amended by law n ° 2003-590 of July 2, 2003 art. 93 1 ° (JORF July 3, 2003).

The decisions of the general meeting are taken by a majority of the votes cast by the co-
owners present or represented, unless otherwise ordered by law.

Accessibility works for people with disabilities or reduced mobility, provided that they do
not affect the structure of the building or its essential equipment items, are approved under
the majority conditions provided for in the first paragraph.

The authorization given to certain co-owners to carry out, at their own expense, accessibility
work for people with disabilities or reduced mobility which affects the common areas or the
exterior appearance of the building and complies with its destination, provided that this
work does not affect the structure of the building or its essential equipment items.

When the co-ownership regulations charge certain co-owners only the maintenance
expenses of part of the building or those for the upkeep and operation of an item of
equipment, it may be provided for by said regulation that these co-owners alone take part
in the vote on decisions concerning these expenses. Each of them votes with a number of
votes proportional to their participation in said expenses.

Article 24-1

Created by Law n ° 2007-309 of March 5, 2007 art. 9 (JORF March 7, 2007).

When an electronic communications network internal to the building

distributes television services, the agenda of the general meeting includes as
of right, if the installation does not yet allow access to national free-to-air
television services. by terrestrial hertzian channel in digital mode and if the
service distributor has an offer in digital mode, the examination of any
commercial proposal as referred to in the second sentence of the second
paragraph of article 34-1 of law no. ° 86-1067 of September 30, 1986 relating
to freedom of communication.

By way of derogation from j of article 25 of this law, the decision to accept this
commercial proposal is acquired by the majority provided for in the first
paragraph of article 24.
ABSOLUTE MAJORITY OF ARTICLE 25

Article 25

Modified by Law n ° 2007-309 of March 5, 2007 art. 9 (JORF March 7, 2007).

Are adopted by a majority vote of all owners decisions:

a) Any delegation of the power to take one of the decisions referred to in the preceding
article;

b) The authorization given to certain co-owners to carry out, at their own expense, work
affecting the common parts or the exterior aspect of the building, and in accordance with
the destination thereof;

c) The designation or dismissal of the trustee (s) and members of the union council;

d) The conditions under which the acts of disposal on the common parts or on rights
ancillary to these common parts are carried out, when these acts result from legal or
regulatory obligations such as those relating to the establishment of common courts, other
easements or the transfer of joint ownership rights;

e) The methods of carrying out and carrying out work made compulsory by virtue of
legislative or regulatory provisions;

f) The modification of the distribution of the charges referred to in paragraph 1 of article 10

above made necessary by a change in the use of one or more private parts;

g) Unless they fall under the majority provided for in Article 24, energy saving work relating
to the thermal insulation of the building, air renewal, the heating system and production hot
water.

Only works depreciable over a period of less than ten years are concerned by this provision.

The nature of this work, the terms of its amortization, in particular those relating to the
possibility of guaranteeing, contractually, its duration, are determined by decree of the
Council of State, after consulting the advisory committee on the use of the energy;

h) The installation in the common parts of pipes, ducts, and the realization of works, making
it possible to ensure the compliance of the dwellings with the standards of health, safety
and equipment defined by the measures taken for the application of article 1 of law n ° 67-
561 of July 12, 1967 relating to the improvement of housing;

i) The elimination of garbage chutes for hygienic reasons;

j) The installation or modification of a collective antenna or of an internal electronic

communications network in the building when it relates to common areas;

k) The permanent authorization granted to the police or the national gendarmerie to enter
the common areas;

l) The installation or modification of a public electricity distribution network intended to

supply electric current to vehicle parking spaces, in particular to allow the charging of
electric vehicle batteries.

m) Installation of divisional cold water meters.

n) Work to be carried out on common areas in order to prevent attacks on people and
property.

Article 25-1

Created by Law n ° 2000-1208 of December 13, 2000 art. 81 5 ° (JORF December 14,
2000).

When the general assembly of co-owners has not decided by the majority provided for in
the previous article but the project has received at least one third of the votes of all the co-
owners making up the syndicate, the same assembly may decide by the majority provided
for on Rule 24 by immediately taking a second vote.

When the project has not received at least a third of the votes of all the co-owners, a new
general meeting, if it is convened within the maximum period of three months, can rule by a
majority of article 24.

DOUBLE MAJORITY OF ARTICLE 26

Article 26
 Modified by Law n ° 2007-297 of March 5, 2007 art. 15 2 ° (JORF March 7, 2007).

Are taken by a majority of union members representing at least two thirds of decisions:

a) Deeds of real estate acquisition and deeds of disposal other than those referred to in
article 25 d;

b) The modification, or possibly the establishment, of the co-ownership regulations insofar

as it concerns the enjoyment, use and administration of the common parts;

c) Work involving transformation, addition or improvement, with the exception of those

referred to in e, g, h, i, j, m and n of article 25;

d) The request for individualization of water supply contracts and the carrying out of the
studies and works necessary for this individualization provided for by article 93 of Law No.
2000-1208 of December 13, 2000 relating to solidarity and renewal urban;

e) The procedures for opening access doors to buildings. In the event of total closure of the
building, it must be compatible with the exercise of an activity authorized by the co-
ownership regulations. The opening decision is valid until the next general meeting is held.

MODIFICATION OF PRIVATE PARTS AND CONSENT OF THE CO-OWNER

The general meeting cannot, by any majority whatsoever, impose on a co-owner a

modification to the destination of his private parts or to the terms of their use, as they result
from the co-ownership regulations.

UNANIMOUS CONDITIONS

It cannot, except with the unanimity of the votes of all the co-owners, decide on the
alienation of the common parts whose conservation is necessary to respect the destination
of the building.

In the absence of having been approved under the majority conditions provided for in the
first paragraph of this article, the improvement works mentioned in c above which have
obtained the approval of the majority of the members of the union representing at least
two thirds the votes of the co-owners present or represented may be decided by a new
general meeting, convened for this purpose, which decides by this last majority.

Article 26-1
 Repealed by Law n ° 2006-872 of July 13, 2006 art. 91 3 ° (JORF July 16, 2006).

Article 26-2

Repealed by Law n ° 2006-872 of July 13, 2006 art. 91 3 ° (JORF July 16, 2006).

Article 26-3

Created by Law n ° 2000-1208 of December 13, 2000 art. 81 9 ° (JORF December 14,
2000).

By way of derogation from the provisions of the penultimate paragraph of article 26, the
general assembly decides, by the double qualified majority provided for in the first
paragraph of said article, on the alienation of common parts and the work to be carried out
on them, for the application of article 25 of law n ° 96-987 of 14 November 1996 relating to
the implementation of the revival pact for the city.

Article 27

Modified by Law n ° 94-624 of July 21, 1994 art. 35 I (JORF July 24, 1994).

When the building comprises several buildings, the co-owners whose lots make up one or
more of these buildings may, meeting in a special meeting, decide, under the majority
conditions provided for in article 25, the constitution of a syndicate among themselves. ,
said secondary.

The purpose of this syndicate is to ensure the management, maintenance and internal
improvement of this or these buildings, subject to the rights resulting for the other co-
owners from the provisions of the co-ownership regulations. This object may be extended
with the agreement of the general meeting of all the co-owners deciding by the majority
provided for in article 24.

The secondary union has legal personality. It operates under the conditions provided for by
this law. He is represented on the union council of the main union, if there is one.

Article 28
 Modified by Law n ° 2000-1208 of December 13, 2000 art. 81 10 ° (JORF December 14,
2000)

I. – When the building has several buildings and the division of land ownership is possible:

a) The owner of one or more lots corresponding to one or more buildings may request that
this or these buildings be removed from the initial syndicate to constitute a separate
property. The general meeting rules on the request formulated by this owner by a majority
of the votes of all the co-owners;

b) The owners whose lots correspond to one or more buildings may, meeting in a special
meeting and deciding by a majority of the votes of all the co-owners making up this
meeting, request that this or these buildings be withdrawn from the initial syndicate to
constitute one or more separate unions. The general assembly of the initial syndicate
decides by a majority of the votes of all the co-owners on the request formulated by the
special assembly.

II. – In both cases, the general assembly of the initial union decides by the same majority on
the material, legal and financial conditions required by the division.

The general assembly of the new syndicate (s), except with regard to the destination of the
building, proceeds, with the majority of article 24, to the adaptations of the initial co-
ownership regulations and of the statement of distribution of the charges made. needed by
the division.

If the general assembly of the initial union decides to constitute a union of unions for the
creation, management and maintenance of common pieces of equipment which cannot be
divided, this decision is taken by a majority of Article 24.

The co-ownership regulations of the initial syndicate remain applicable until the
establishment of a new co-ownership regulations of the syndicate or of each of the
syndicates as the case may be.

The division takes effect only when the decisions mentioned in the preceding paragraphs
are taken. It involves the dissolution of the initial union.

Article 29

Modified by Law n ° 2000-1208 of December 13, 2000 art. 81 16 ° (JORF December 14,
2000)
A syndicate of co-owners may be a member of a union of syndicates, a group with legal
personality, the purpose of which is to ensure the creation, management and maintenance
of common equipment items as well as the management of services of common interest.

This union may receive the membership of one or more syndicates of co-owners, real estate
companies, allocation companies governed by Articles L. 212-1 et seq. Of the Construction
and Housing Code and all other owners whose buildings are contiguous or neighboring
those of its members.

The statutes of the union determine the conditions of its functioning, subject to the
provisions of this law. They cannot prohibit one of its members from withdrawing from the
union.

Membership of a union formed or to be formed is decided by the general assembly of each

union by the majority provided for in article 25. Withdrawal from this union is decided by
the general assembly of each union by the majority provided for in article 26.

The general assembly of the union is made up of the syndics of the unions, the legal
representative of each company and the owners who have joined the union. The trustees
participate in this general meeting as agent of the union (s) they represent.

The execution of the decisions of the union is entrusted to a president of the union
appointed by the general assembly of the union.

A union council is hereby set up to assist the president and control his management. This
council is made up of a representative appointed by each member of the union.

Section 2: Special provisions for co-ownerships in difficulty.

Article 29-1

Amended by Law n ° 2003-710 of August 1, 2003 art. 19 (JORF August 2, 2003).

If the financial balance of the syndicate of co-owners is seriously compromised or if the

syndicate is unable to provide for the conservation of the building, the president of the high
court ruling as in summary proceedings or on request may appoint a provisional
administrator of the union. The president of the tribunal de grande instance can only be
contacted for this purpose by co-owners together representing 15% of the tax. At least 100
of the votes of the union, by the trustee or by the public prosecutor.

The president of the tribunal de grande instance instructs the provisional administrator to
take the necessary measures to restore the normal functioning of the co-ownership. To this
end, he grants him all the powers of the trustee whose mandate automatically ceases
without compensation and all or part of the powers of the general meeting of co-owners,
with the exception of those provided for in a and b of article 26, and the union council. The
union council and the general assembly, convened and chaired by the provisional
administrator, continue to exercise those of the other powers which would not be included
in the mission of the provisional administrator. The provisional administrator personally
carries out the mission entrusted to him. It may, however, when the proper conduct of the
mission requires it, be assisted by a third party appointed by the president of the tribunal de
grande instance on his proposal and remunerated from his remuneration. In all cases, the
trustee in place cannot be appointed as the provisional administrator of the co-ownership.

The decision appointing the provisional administrator fixes the duration of his mission. The
president of the tribunal de grande instance may at any time modify the mission of the
provisional administrator, extend it or terminate it at the request of the provisional
administrator, one or more co-owners, the public prosecutor or office.

Article 29-2

Created by Law n ° 94-624 of July 21, 1994 art. 35 III (JORF July 24, 1994).

The president of the tribunal de grande instance ruling as in summary proceedings may, for
the requirements of the accomplishment of the mission entrusted to the provisional
administrator and at the latter’s request, suspend or prohibit, for a period of up to plus six
months renewable once, any legal action by creditors whose contractual claim has its origin
prior to this decision and tending to:

– the condemnation of the debtor union to the payment of a sum of money;

– the termination of a contract for the supply of water, gas, electricity or heat for failure to
pay a sum of money.

The decision of suspension or provisional prohibition of proceedings stops all enforcement

proceedings against the union and suspends the time limits on pain of forfeiture or
termination of rights.

Article 29-3

Created by Law n ° 94-624 of July 21, 1994 art. 35 III (JORF July 24, 1994).

Legal actions and means of execution other than those suspended, prohibited or stopped
under the conditions provided for in article 29-2 are pursued against the union after
questioning the provisional administrator.
 Article 29-4

Modified by Law n ° 2000-1208 of December 13, 2000 art. 81 13 ° (JORF December 14,
2000).

On the report of the provisional administrator specifying the material, legal and financial
conditions mentioned in article 28 and recording the opinion of the co-owners, the
president of the tribunal de grande instance, ruling as in summary proceedings, may
pronounce under the conditions that ” it fixes the division if other measures do not allow
the re-establishment of the normal functioning of the co-ownership.

The president of the tribunal de grande instance, ruling as in summary proceedings,

designates, for each syndicate of co-owners born of the division, the person responsible for
convening the general meeting with a view to appointing a trustee.

Article 29-5

Created by Law n ° 2000-1208 of December 13, 2000 art. 81 14 ° (JORF December 14,
2000).

The order appointing the provisional administrator as well as the report drawn up by the
latter are brought to the attention of the co-owners and the public prosecutor.

The public prosecutor informs the prefect and the mayor of the municipality of the location
of the buildings concerned of this appointment. At their request, he sends them the
conclusions of the report drawn up by the provisional administrator.

Article 29-6

Transferred by Law n ° 2000-1208 of December 13, 2000 art. 81 15 ° (JORF December 14,
2000).

The provisions of law n ° 84-148 of March 1, 1984 relating to the prevention and amicable
settlement of business difficulties and of law n ° 85-98 of January 25, 1985 relating to the
judicial reorganization and liquidation of businesses do not are not applicable to syndicates
of co-owners.

Formerly: Law 2000-1208 2000-12-13 art. 29-4

Chapter III: Improvements, additions of private premises and exercise of the right of
 elevation.

Article 30

The general meeting of co-owners, ruling by the double majority provided for in article 26,
may, provided that it conforms to the destination of the building, decide on any
improvement, such as the transformation of one or more existing items of equipment, the
addition of new items, the development of premises assigned to common use or the
creation of such premises.

It then fixes, by the same majority, the distribution of the cost of the work and the cost of
the indemnities provided for in Article 36 below, in proportion to the benefits that will result
from the planned work for each of the co-owners, except to take into account the
agreement of some of them to bear a higher share of expenses.

It fixes, by the same majority, the distribution of the operating, maintenance and
replacement expenses of the common parts or of the transformed or created elements.

When the general meeting refuses the authorization provided for in article 25 b, any co-
owner or group of co-owners may be authorized by the district court to carry out, under the
conditions set by the court, any improvement work referred to in l paragraph 1 above; the
court also sets the conditions under which the other co-owners may use the facilities thus
created. When it is possible to reserve the use of them for those of the co-owners who
carried them out, the other co-owners may only be authorized to use them by paying their
share of the cost of these installations, assessed on the date when this faculty is exercised.

Article 31

Repealed by Law n ° 85-1470 of December 31, 1985 art. 12 (JORF January 1, 1986).

Article 32

Subject to the provisions of article 34, the decision taken obliges the co-owners to
participate, in the proportions fixed by the assembly, in the payment of the work, in the
charge of the indemnities provided for in article 36, as well as in the expenses. operation,
administration, maintenance and replacement of common parts or transformed or created
elements.

Article 33
The part of the cost of the works, the related financial charges, and the indemnities
incumbent on the co-owners who have not given their agreement to the decision taken may
be paid only in annuities equal to one-tenth of this part. When the syndicate has not
contracted a loan for the performance of the work, the financial charges due by the co-
owners paying by annuities are equal to the legal interest rate in civil matters.

However, the sums referred to in the previous paragraph become immediately payable
upon the first inter vivos transfer of the interested party’s lot, even if this transfer is carried
out by way of contribution to the company.

The above provisions are not applicable when it comes to work imposed by compliance with
legal or regulatory obligations.

Article 34

The decision provided for in article 30 is not enforceable against the opposing co-owner
who, within the time limit provided for in article 42, paragraph 2, seized the tribunal de
grande instance with a view to recognizing that the decided improvement presents a
sumptuary character in view of the condition, characteristics and destination of the
building.

Article 35

The raising or construction of buildings for the purpose of creating new premises for private
use can only be carried out by the union if the decision is taken unanimously by its
members.

The decision to alienate for the same purposes the right to raise an existing building
requires, in addition to the majority provided for in Article 26, the agreement of the co-
owners of the upper floor of the building to be raised, and, if the building includes several
buildings, confirmation by a special meeting of the co-owners of the lots making up the
building to be raised, ruling by the majority indicated above.

If the co-ownership regulations stipulate a greater majority to take the decision provided for
in the preceding paragraph, this clause can only be modified by this same majority.

Article 36

Modified by Law n ° 85-1470 of December 31, 1985 art. 13 (JORF January 1, 1986).
Co-owners who suffer, as a result of the execution of the heightening work provided for in
article 35, damage meeting the conditions set out in article 9 are entitled to compensation.
This, which is the responsibility of all the co-owners, is distributed according to the initial
proportion of the rights of each in the common areas.

Article 37

Any agreement by which an owner or a third party reserves the exercise of one of the
accessory rights referred to in Article 3 other than the right of joint ownership lapses if this
right has not been exercised within the following ten years. said convention.

If the agreement predates the promulgation of this law, the ten-year period shall run from
said promulgation.

Before the expiry of this period, the union may, acting by the majority provided for in Article
25, oppose the exercise of this right, except to compensate the holder thereof in the event
that the latter justifies that the reservation of the right included a counterpart to its load.

Any agreement subsequent to the promulgation of this law, and including reservation of
one of the rights referred to above, must indicate, on pain of nullity, the importance and
consistency of the premises to be built and the modifications that their execution would
entail. in the rights and charges of the co-owners.

Chapter IV: Reconstruction.

Article 38

In the event of total or partial destruction, the general meeting of co-owners whose lots
make up the damaged building may decide, by a majority of the votes of these co-owners,
to rebuild this building or restore the damaged part. In the event that the destruction
affects less than half of the building, the restoration is compulsory if the majority of the
damaged co-owners request it. The co-owners who participate in the maintenance of
buildings that have suffered damage are required to participate in the same proportions and
according to the same rules in the expenses of the work.

Article 38-1

Created by Law n ° 2003-699 of July 30, 2003 art. 20 (JORF July 31, 2003).
In the event of a technological disaster, the trustee of a building managed in co-ownership,
the common parts of which are damaged, convenes the general meeting of co-owners
within fifteen days.

This meeting is held within two months of the disaster; decisions to authorize the trustee to
initiate repair work made necessary by the emergency are taken by a majority of the co-
owners present or represented.

Article 39

In the event of an improvement or addition to the condition prior to the loss, the provisions
of Chapter III shall apply.

Article 40

The indemnities representing the destroyed building are, subject to the rights of the
registered creditors, allocated by priority to the reconstruction.

Article 41

If the decision is taken, under the conditions provided for in article 38 above, not to restore
the damaged building, the rights in the co-ownership are liquidated and those of the co-
owners whose rights are compensated. the lot is not reconstituted.

Chapter IV bis: Service residences.

Article 41-1

Created by Law n ° 2006-872 of July 13, 2006 art. 95 (JORF July 16, 2006).

The co-ownership regulations can extend the object of a syndicate of co-owners to the
supply, to the occupants of the building, of specific services, in particular catering,
supervision, assistance or leisure. These services can be provided in execution of an
agreement concluded with third parties.

The status of co-ownership of built buildings is incompatible with the granting of care or
assistance and support services exclusively linked to the person, which can only be provided
by establishments and services falling under I of the article L. 312-1 of the code of social
action and families.
 Article 41-2

Created by Law n ° 2006-872 of July 13, 2006 art. 95 (JORF July 16, 2006).

The union of co-owners of “service residences”, set up under the conditions provided for in
article 41-1, cannot waive the obligation to set up a union council. The general assembly can
delegate to the union council, by absolute majority of the votes of the co-owners’ union, the
decisions relating to the day-to-day management of specific services.

When it does not receive a delegation to this effect, the union council must give its opinion
on the draft agreement with a view to the provision of specific services when it is entrusted
to a third party. In this case, it monitors the proper execution of the agreement, of which it
presents a report each year to the general meeting.

Article 41-3

Created by Law n ° 2006-872 of July 13, 2006 art. 95 (JORF July 16, 2006).

The costs relating to the specific services created are distributed in accordance with the first
paragraph of Article 10. The operating costs of these services constitute current expenditure
within the meaning and for the application of Article 14-1.

However, the expenses relating to individualized services do not constitute co-ownership

charges.

Article 41-4

Created by Law n ° 2006-872 of July 13, 2006 art. 95 (JORF July 16, 2006).

Decisions relating to the removal of the services referred to in article 41-1 are taken by the
majority provided for in the first paragraph of article 26 and, where applicable, that
provided for in the last paragraph of the same article.

Article 41-5

Created by Law n ° 2006-872 of July 13, 2006 art. 95 (JORF July 16, 2006).
If the financial balance of one or more services mentioned in article 41-1 is seriously
compromised and after the general meeting has ruled, the judge ruling as in summary
proceedings, seized by co-owners representing 15% at least from the votes of the union, can
decide either the suspension or the abolition of this or these services.

Chapter V: General provisions.

Article 42

Modified by Ordinance n ° 2000-916 of September 19, 2000 art. 3 (JORF September 22,
2000 in force January 1, 2002).

Without prejudice to the application of special texts setting shorter deadlines, personal
actions arising from the application of this law between co-owners, or between a co-owner
and the syndicate, are prescribed by a period of ten years.

Actions aimed at contesting the decisions of general meetings must, on pain of forfeiture,
be brought by the opposing or defaulting co-owners, within two months from the
notification of said decisions made to them at the behest of the trustee, within two months
of the holding of the general meeting. Except in an emergency, the execution by the trustee
of the work decided by the general meeting in application of articles 25 and 26 is suspended
until the expiry of the period mentioned in the first sentence of this paragraph.

In the event of modification by the general assembly of the bases of distribution of the loads
in the cases where this faculty is recognized by this law, the tribunal de grande instance,
seized by a co-owner, within the period provided above, to a dispute relating to this
modification may, if the action is recognized as justified, proceed with the new
distribution. The same applies to the distributions voted in application of article 30.

The amount of the civil fine due, in application of article 32-1 of the new code of civil
procedure, the one who acts in a dilatory or abusive manner is from 150 euros to 3000
euros when the object of this action is to contest a decision of a general assembly
concerning the work mentioned in c of article 26.

Article 43

Modified by Law n ° 2006-872 of July 13, 2006 art. 95 II (JORF July 16, 2006).

All clauses contrary to the provisions of Articles 6 to 37, 41-1 to 42 and 46 and those of the
decree adopted for their application are deemed unwritten. When the judge, in application
of the first paragraph of this article, considers unwritten a clause relating to the distribution
of the charges, he proceeds to their new distribution.
 Article 44

Existing trade union associations are authorized to transform into unions of cooperative
unions defined in Article 29 above without this operation leading to the creation of a new
legal person.

Article 45

For condominiums prior to the date of entry into force of this law, the action for the revision
of the distribution of charges provided for in article 12 above is open for a period of two
years from the entry into force of this law. in force of this law.

Article 45-1

Created by Law n ° 2000-1208 of December 13, 2000 art. 79 I (JORF December 14, 2000 in
force June 1, 2001).

Any candidate for the acquisition of a co-ownership lot, any beneficiary of a unilateral
promise of sale or purchase or of a contract carrying out the sale of a lot or a fraction of a
lot may, at his request , take note of the building maintenance book drawn up and kept up
to date by the trustee, as well as the technical diagnosis established under the conditions of
article L. 111-6-2 of the construction code and dwelling.

Article 46

Repealed by Law n ° 66-1006 of December 28, 1966 art. 1 (JORF December 29, 1966).

Article 46

Created by Law n ° 96-1107 of December 18, 1996 art. 1 I (JORF December 19, 1996 in
force June 19, 1997).

Any unilateral promise of sale or purchase, any contract carrying out or recording the sale of
a lot or a fraction of a lot mentions the area of the private part of this lot or this fraction of a
lot. The invalidity of the act may be invoked on the basis of the absence of any mention of
area.

This area is defined by the Council of State decree provided for in article 47.
The provisions of the first paragraph above are not applicable to cellars, garages, parking
spaces or to lots or fractions of lots with an area below a threshold set by the decree in
Council of State provided for in Article 47. .

The beneficiary in the event of a promise to sell, the promisor in the event of a promise to
purchase or the purchaser may bring an action for nullity, at the latest at the expiration of a
period of one month from the date of authentic act noting the completion of the sale.

The signing of the deed noting the completion of the sale mentioning the area of the private
part of the lot or fraction of the lot entails the forfeiture of the right to initiate or pursue an
action for nullity of the promise or the contract which l ‘has preceded, based on the absence
of mention of this area.

If the area is greater than that expressed in the deed, the excess measurement does not
give rise to any additional price.

If the area is more than one twentieth less than that expressed in the deed, the seller, at the
request of the purchaser, bears a reduction in the price proportional to the smallest
measure.

The action to reduce the price must be brought by the purchaser within a period of one year
from the authentic act noting the completion of the sale, on pain of forfeiture.

Article 46-1

Created by Law n ° 2000-1208 of December 13, 2000 art. 80 (JORF December 14, 2000).

The technical diagnosis prior to the co-ownership of a building constructed for more than
fifteen years provided for in Article L. 111-6-2 of the Construction and Housing Code is
brought to the attention of all purchasers by the notary at the time of the first sale of the
lots resulting from the division and at the time of any new transfer carried out within three
years from the date of the diagnosis.

Article 47

A decree will set the conditions for its application within six months following the
promulgation of the law.

This law is applicable in the overseas territories. Decrees will specify the modalities of its
application in these territories.
 Article 48

Chapter II of the law of June 28, 1938 tending to regulate the status of co-ownership of
buildings divided by apartment is repealed. Article 664 of the Civil Code remains repealed.

Article 49

Modified by Law n ° 2006-872 of July 13, 2006 art. 94 (JORF July 16, 2006).

In the eight years following the promulgation of law n ° 2000-1208 of December 13, 2000
relating to urban solidarity and renewal, the general assembly decides, by the majority
provided for in article 24, the adaptations of the co-ownership regulations. made necessary
by legislative changes since its establishment. The publication of these modifications of the
co-ownership regulations will be carried out at the fixed rate.

Article 50

Created by Ordinance n ° 2005-870 of July 28, 2005 art. 7 (JORF July 29, 2005).

This law is applicable to Mayotte, subject to the following adaptations:

I. – The terms listed below are replaced as follows:

1 ° “tribunal de grande instance” or “tribunal d’instance” by “tribunal de première

instance”;

2 ° “real estate file” by “land book”.

II. – The third paragraph of article 14-3 is not applicable.

III. – In the seventh paragraph of article 18, the words: “by a trustee subject to the
provisions of law n ° 70-9 of January 2, 1970 regulating the conditions for carrying out
activities relating to certain transactions relating to buildings and goodwill or “are not
applicable.

IV. – In article 25:

a) Paragraphs g and l are not applicable;

b) Paragraph h reads as follows:

h) The installation in the common areas of pipes, ducts and the realization of works to
ensure the conformity of the accommodation with the standards of sanitation, safety and
equipment defined by the locally applicable regulations.

V. – In the fourth paragraph of article 26, the letter g is deleted.

VI. – In the second paragraph of article 29, the words: “of allocation companies governed by
articles L. 212-1 et seq. Of the construction and housing code” do not apply.

VII. – In article 45-1, the words: “as well as the technical diagnosis established under the
conditions of article L. 111-6-2 of the construction and housing code” do not apply.

VIII. – Articles 26-3, 46-1 and 49 are not applicable.