Friday, July 16, 2010

Oh La La ... means Strata in French


Since it’s just been Bastille Day (click here to find out more about Bastille Day) we should learn a about strata Gallic style.

Of course France is a codified law country (unlike Australia) so the way strata laws work is quite different.  Based on the Law No 65-557 of 10 July 1995 and Decree No. 67-223 of 17 March 1965, it has been amended by the SRU Law of 13 December 2000 and ENL Act of 13 July 2006.

This law replaced laws made in 1938 that provided mechanisms to manage shared and separately occupied buildings that emerged in the 1860s.

It’s called copropriete and is different to co-onwership of land in that the concepts of building division, separate ownership of separated parts and common ownership of shared parts apply.

Buildings are divided into units, public areas and special areas (public areas reserved to only some owners).  Each owner is allocated a share which is based on the proportionate value of the their unit to all the other units.

There are rules that apply to all owners as a contract and the shared expenses are paid by owners according to their share.  The only exception are expenses justifiably incurred collecting owners unpaid expense which are payable in full by owners.

An annual budget must be prepared and approved (any expenses not in the budget must be separately approved) and accounts must be kept on an accrual basis.

Decisions are made by owners meetings where each owner can vote (but an owner is always limited to 50% of the votes no matter how many lots they own).  Decisions can be by simple majority vote or two thirds vote depending on the matter.  In some cases a one third majority to a simple majority without more.

Running the strata scheme is done by a union (like a committee) that owners can volunteer for.  And, management can be given to a trustee (from the owners) or a professional trustee and the trustee has strict obligations and duties.

The French courts can make orders in relation to strata disputes including appointing a manager and terminating the strata.  There are also special detailed provisions for the redevelopment of strata schemes.

There are nearly 7,600,000 strata lots in France (30% of them in Paris) and the largest strata scheme is Grigny in Essone which has over 5,000 lots.  So it’s a bigger sector.  But 70% of strata schemes have less than 30 lots and almost 30% have less than 10 lots.

So, whilst it’s bordeaux, steak and pommes frittes rather than beer, steak and chips …. it seems that strata is strata wherever in the world you happen to be.

Au Revior.


Francesco ….

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