Already denounced by the Association of Condominium Managers, the Commission has to formulate its opinion on the content of contracts condominiumRecall that in France, more than 25% of residents living in condominiumsThe report of the Commission of unfair encourages the removal of more than 24 clauses considered abusive
Condominiums and condominium
Joint ownership allows multiple people to acquire one or more parts of a buildingThe building is divided among several owners, the property acquired is allocated among the units and common areas
A condominium is the set of co-ownersTrustee function is exercised mainly by real estate professionals who are responsible for representing the co-ownership and administration of commonOver 85% of condominium trustees are professional business card holders to "property management"
A contract is established to regulate the operation of the trustee and the remuneration resultingThe agency agreement is approved for a period of three years
The Commission has considered the Unfair clauses in contracts for joint property to establish the actual rates to be paid by individuals
A contract with several points of unfair
It is in its Recommendation No 2011-01 of 03 September that the Commission has expressed its opinion on the content of contracts trustee
The main point that was particularly touched with the elimination of "opening a bank account or postal unique as the principle and the opening of a separate account as a benefit not included in the annual fee"
The recommendations also address a number of clauses that appear in contracts for trustees
The services provided by the trustee must also be specially marked, because in some cases of joint ownership, trustees would not hesitate to double charge for services providedThe commission also denounces the billing of a tenant for work done at the expense of co-owners
Some provisions also affecting the duration of the contract have been blacklistedSome contracts do not correspond in fact to the maturity dates and purpose mentioned therein
The commission also found that some contracts trustee make the revocation of liquidator difficult or impossible for private individuals
Similarly, the trustee as principal of the co-ownership can not unilaterally make decisions such as determining the amounts of common hire or use of profitsClauses on such initiatives, without the union is one, may be terminated
Some contracts also incorporate trustees for their content additional charges relating to the monitoring of ongoing work on the condominiumHowever, the law prohibits this type of scam
Details of these clauses considered abusive can be read on the website of the Commission of Unfair: http://www.clauses-abusives.fr/recom/11r01.htm.
Recall that the existence of an unfair term in a contract makes any such clause null and voidRecourse to the courts to enforce the nullity of such a clause may be considered |
