Condominium Repairs in Degraded Housing Sectors

Extract

[...] The opposing co-owners will remain liable for their share of the works, necessary for the conservation of the property, which must be paid in cash. III) The syndic's obligation to cooperate with the municipality and the limits of professional secrecy Majeure According to Article L651-7 of the Building Code resulting from the law of 9 April 2024, « The sworn agents of the municipal housing service note the conditions in which the premises they visit are actually occupied. ( . ) Without being able to invoke professional secrecy, the competent public administrations and their agents as well as the co-owners' syndics are required to provide the municipal housing service agents with all necessary information for the performance of their mission of research and control. Anyone who voluntarily hinders, in violation of the above prescriptions, the mission of the municipal housing service agents, is liable for the civil fine provided for in [...]

[...] II) The treatment of individual appeals and the principle of collective loan Majeure In accordance with Article 26-4 of the Law of 10 July 1965, amended by Law 9 April 2024, the subscription of a loan in the name of the condominium association for the financing of the works previously mentioned is possible by a simple majority vote. However, 'Unless he objects each co-owner is deemed to have accepted to participate in this mode of financing the works. Any co-owner may refuse to participate in the loan, provided that he notifies the syndicate of his refusal within a period of two months from the notification of the minutes of the general meeting and pays the full share of the price of the works due to him within a period of six months from the notification of these minutes. In default, the co-owner is bound by the loan. [...]

[...] 67-561 of 12 July 1967 on the improvement of housing; The modalities of realization and execution of the works made compulsory by legislative or regulatory provisions or by an administrative police decree relating to public safety or public health, notified to the condominium association taken in the person of the syndic (Article 24 of the Law of 10 July 1965) ; - In accordance with Article 26-4 of the aforementioned law, the general assembly may vote by a simple majority to subscribe a loan in the name of the condominium association for the financing of these works. Minor In this case, the building has been classified by municipal decree in a degraded housing sector, in accordance with the aforementioned law. [...]

[...] The current situation therefore raises the three following problems : In what extent the new provisions of the law no. 2024-322 of April allow the syndicate of co-owners and to syndic to engage in structural works or energy renovation in a building classified in a degraded housing sector, notably through a collective loan ? How should treated individual oppositions of co-owners to the aforementioned works and loans ? Can the syndic refuse to cooperate with the commune by invoking professional secrecy during an inspection of a degraded building ? [...]

[...] Despite several safety orders or of unhealthiness taken by the town hall, the the condominium syndic has not executed all the prescriptions necessary within the deadlines. Therefore, by a municipal decree of 15 June 2025, the building is classified in degraded housing sector, allowing him to apply the provisions of law no. 2024-322 of 9 April 2024. The syndicate of co-owners wishes to carry out significant works of consolidation and energy renovation. To do this, the the syndic proposes a collective loan in the name of the homeowners' syndicate. [...]