A lessor requests that co-ownership charges be paid by Goelia Gestion
In brief: A lessor in a tourist residence is in dispute with the condominium association, because he is refusing to pay condominium charges. He is relying on an initial agreement with the previous operator, Pierre et Vacances.
On May 12, 2022, the Rennes Court of Appeal handed down a ruling concerning a dispute between Mr. Ac A, owner of lots in the Royal Park F-G tourist residence in La Baule, and the residence’s syndicat de copropriété, represented by SARL Aprogim. Mr. A contested an order to pay co-ownership charges in the amount of 16,731.01 euros, issued on January 31, 2019 by the Saint-Nazaire Regional Court. After opposition from Mr. A, the Saint-Nazaire judicial court handed down a judgment on June 4, 2020, ordering Mr. A to pay 17,113.61 euros, with legal interest, and 1,800 euros under article 700 of the Code of Civil Procedure. Mr A has appealed against this judgment.
Initial agreement with Pierre et Vacances on charges invoked
Mr. A argued that the co-ownership charges should be paid by Goelia Gestion, the company operating the residence, in accordance with an initial agreement with Pierre et Vacances. He asked the court to rule that the syndicat de copropriété had breached this agreement and to rectify the amount of the claim to 10,977.35 euros. The syndicat de copropriété, for its part, requested that the judgment be confirmed and that Mr. A be ordered to pay 17,085.75 euros, plus interest and additional costs.
The court noted a clerical error in the initial judgment, in which the claim for charges was set at 10,977.35 euros in the grounds, but 17,113.61 euros in the operative part. The court rectified this error and ordered Mr. A to pay 11,555.15 euros, with statutory interest. The court also rejected Mr. A’s request for additional documentation, ruling that the agreements between Mr. A and the companies operating the tourist residence were not enforceable against the syndicat de copropriété.
The court confirmed that Mr. A had to contribute to the co-ownership charges in accordance with article 10 of the law of July 10, 1965. It also ordered Mr. A to pay 600 euros in damages for abusive resistance and 2,000 euros in appeal costs, as well as the appeal costs.
Court confirms lessor’s obligation to pay condominium charges
In summary, the court rectified the material error in the initial judgment, confirmed Mr. A’s obligation to pay the condominium charges, and rejected his requests for disclosure of documents and rectification of the amount owed. Mr. A was ordered to pay a total of 11,555.15 euros, plus interest, damages and legal costs.
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