what are the solutions for unpaid invoices?

Reduction in co-owners’ income, increase in heating and electricity costs, heavier costs to bear… This is why more than 70% of co-ownerships in France have exceeded a total of unpaid bills of more than 20% of the estimated amount of charges in 2022, according to the latest report from the national register of condominiums of the National Housing Agency (Anah). That is twice as much as in 2021 and six times more than five years ago.

What are the solutions for controlling co-ownership charges or when a co-owner no longer pays his dues? Answers.

Two procedures in the hands of the syndic

Maintenance work, electricity bills, cleaning fees, trustee fees… many charges weigh on the co-owners. In the event of non-payment by a co-owner, the trustee has two procedures. He can summon the debtor co-owner with a judgment on the merits of the Judicial Court or request the procedure of article 19-2 under the law of July 10, 1965 (modified by the Élan law).

“This last option is to be preferred, underlines Syndicalur, broker in co-ownership trustees, because it is of short duration (between 3 and 4 months only) and more efficient. The debtor co-owner will be condemned to pay the sums due, to which will be added four quarters in advance – if the budget has been voted in the general meeting (GM) -, any damages and interest as well as an indemnity intended to cover the whole fees not included in costs [frais directement liés à la procédure engagée, NDLR]. »

And if the debtor co-owner does not pay the sentence, his account and his property are immediately seized. The trustee can register a legal mortgage on the lot of the debtor co-owner: the syndicate of co-owners [l’ensemble des copropriétaires, NDLR] will then have priority over all other creditors in the event of foreclosure.

“It is strongly recommended that the union council [composé des membres élus de la copropriété, NDLR] to convince the syndic to opt for this solution, in the interest of the co-ownership”, affirms Syndicalur.

Review contracts to control expenses

The expense items concerned by price increases are elevator maintenance, heating, cleaning and gardening. “It is advisable to review the contracts, to ensure that the services provided always correspond to the needs of the co-ownership, even if it means reducing the airfoil, notes Syndicalur. The union council must also examine the water, gas and electricity bills and identify, if necessary, actions to reduce consumption. »

It is also necessary to check the insurance: “Some trustees insure the building with their own broker in violation of article 39 of the decree of March 17, 1967 in order to collect a commission. This generates an additional cost and lesser guarantees, ”he observes.

Play the competition

It may be useful to use competition to negotiate lower prices with existing service providers. This is particularly the case for major works, with savings that can reach several tens of thousands of euros.

“Such a negotiation should not be done to the detriment of the services and qualifications of the companies, but the right price must be found, indicates Syndicalur. We thus observe that in 70 to 80% of cases, service providers remain in place after renegotiation. »