A co-owner should not think that in the event of legal proceedings the syndicate of co-owners will defend his personal interests, linked to his private portions.
The syndicate can only defend the interests of the overall co-ownership, explained the Court of Cassation in a judgment rendered on March 16, and not represent each co-owner for the defense of his rights on his lot.
The question had been put to the Court in a case of expropriation. A condominium, having seen its garden amputated for the widening of a road and having lost the plant screen which hid it from traffic, the syndicate had claimed compensation to compensate for the depreciation of the built complex.
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A compensation grants wrong
The co-ownership suffered a devaluation of around 5%, the expropriation judge concluded by granting compensation to the syndicate and each of the owners. But wrong, judged the Court of Cassation, because the co-owners, individually, had asked nothing for their personal lots.
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As the syndicate intervened alone in the procedure, it was only able to defend the overall interests of the estate, linked to the depreciation of its common portions only, and not the particular interests of each of its members taken individually. It was up to the latter to claim personally, individually, by determining their own prejudice.
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