The manager will make them pay 300 euros if he can’t work on their house

It’s crazy!» Mathilde can’t believe it. This Wednesday, May 29, this young tenant received an informational message from her manager that made her jump out of her chair. “After numerous leaks», the heating engineer will intervene on June 10 to replace the seals of the heating tanks. Nothing unusual so far. The problem: co-owners and tenants can’t rely on the manager to give them a key if they’re not there on the day, because there isn’t one. Which complicates everything for Mathilda. “I won’t be home on June 10 and neither will my boyfriend“, he worries. She is all the less reassured that the administrator adds a sentence in his note that raises eyebrows within his Versailles co-ownership. “If he is not present, an additional and individual intervention will be carried out at a cost of 300 euros including accommodation tax (at the expense of the affected co-owner), we read in this document that Le Figaro was obtained. “Does the administrator have the right to do this?Mathilde asks.

This type of work represents “general load», Says Me Jean-Philippe Mariani, co-ownership lawyer. The total costs of the intervention must be divided according to percentages and must not be charged to each co-owner (Articles 10 and 10-1 of the Law of July 10, 1965), “unless 1 or 2 co-owners are in default and have not demonstrated why their accommodation could not be made available», According to the lawyer. “The administrator takes the risk because it is not the best way to do the job efficiently. This is coercion by the manager on the co-ownership to force them to be present or to allow them access to their accommodation.», deciphers Me Mariani, who relies on the “judge’s judgment” in case of legal action.

Call the union council

This obligation to provide access to their accommodation is legal: the co-owner or tenant must allow the administrator access to their accommodation in the case of work necessary for the maintenance of the building (as here for the supply of heat), but also for improving the quality of the work. common or private areas of the building or even energy renovation work (Article 7 of the Law of 6 July 1989). But”however, this legal obligation, as well as the urgency of the intervention, do not entitle the administrator to set his own conditionsJean-Philippe Mariani retorted. “If a co-owner (or tenant) proves that he really cannot be there, he is entitled to contest the deadline set by the administrator. Everything is a matter of consultation“, he adds.

Finally, there is the responsibility of the trade union council. If the co-owner is not present and cannot count on a relative, friend or guardian, who can take care of it? “This task can be managed by the trade union council, which can refuse“, answers Jean-Philippe Mariani. “I don’t trust the trade union council very much“, explains Mathilde. The joys of co-ownership.

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