The assembly decides on the rescheduling of unpaid expenses
The administrator can only act autonomously if he agrees with the arrears party on a different payment method that does not impact on the treasury
Key points
The uncontrollable delinquency, i.e. the consequence of an economic problem that has arisen, does not only concern rent payments. Even condominium fees may not be paid because sudden economic difficulties prevent it: loss of job, illness, reduced income due to a lay-off. The condominium, or rather the sensitive administrator, may, in such cases, instal the amount due, especially if it has accumulated over time and is therefore particularly burdensome. Can he take this decision on his own or is the consent of the assembly required?
The Advantages
It must be said that the choice to rate can benefit all joint owners: one avoids an injunction, the initiation of legal action with an uncertain outcome, and one obtains the result, albeit not immediately. Even a single non-payment can block suppliers and works. Before opening litigation, evidence of an amicable settlement is the most convenient route. It is good, however, to be clear from the outset about the path one takes through a repayment plan.
Pursuant to Article 1129(9) of the Civil Code, 'unless expressly dispensed by the shareholders' meeting, the manager is obliged to take action for the compulsory collection of the sums owed by the obligated parties within six months from the end of the financial year in which the receivable is included, also pursuant to Article 63(1) of the provisions for the implementation of the Code.
When the professional decides independently
It is the duty of the administrator to collect the sums due, and thus the Code would seem to give him autonomy over the means to be adopted: this is not always the case. The administrator may instalment only if it is a different method of payment of a debt that is already certain, liquid and payable and if he does not agree to any economic waiver, including interest. In such cases, it may in essence set up a schedule of instalments, which the condominium owner undertakes to fulfil. The instalment facility must not delay payments by suppliers or create difficulties and slow down the performance of works.
And when it must be authorised by the assembly
In cases where the debt is reduced or the interest due is sacrificed, in whole or in part, the assembly is required instead. The assembly also decides (by a qualified majority of half plus one of heads and thousandths) if the term of the instalments is too long and an advance payment of the sum by the other owners is required.
