The trustee is required to communicate the supporting documents for the co-ownership charges to the co-owners who request them, before the general meeting, but not to send them to them. He is not obliged to send these documents by post, even at the expense of the co-owner who requests them, specified the Court of Cassation.
The judges therefore rejected the request of a co-owner who was claiming compensation from his trustee because he had refused to send him these supporting documents, between the convening and the holding of the general meeting.
The decree of 1967, taken for the application of the law of 1965 which regulates life in co-ownership, indicates that the syndic gives to the co-owner who requests it, at the expense of the latter, a copy of the supporting documents for the charges, but it also indicates in another article that the syndic fixes the place of the consultation of the parts (…) either its seat, or at the place where it usually assures the reception of the co-owners.
Retirement : save by paying less tax. 11 contracts compared
Contrary to what this co-owner maintained, the Court held that the obligation to submit copies of supporting documents did not include the obligation to send them.
Cas. Civil 3, 9.2.2022, E 21-11.197
Reproduction forbidden.