07 Apr COVID-19 PROOF CONDOMINIUM
The health crisis linked to the COVID-19 epidemic is impacting the entire population as well as economic players.
Faced with this unprecedented situation, Parliament, following a law dated March 23, 2020, declared a state of health emergency and authorized the Government to legislate by ordinance.
This health crisis also has effects in co-ownership law.
The purpose of this note, with regard to positive law and subject to the interpretations that may be made by the Courts, is to provide answers to the various issues that the trustees could be confronted with, in the exercise of their mandate. .
However, given the very restricted nature of the texts adopted, many uncertainties, sources of legal uncertainty, remain.
I: OPERATION OF THE CONDOMINIUM AND COVID-19
1) On the nullity of the meetings convened
The Decrees taken by the Government on March 14, 15 and 17, 2020, prohibiting all gatherings and imposing confinement, raised the issue of the impossibility of convening a General Assembly. Consequently, the fate of the mandates that expired and therefore the continuity of the life of the co-ownership arose.
Indeed, article 7 of the decree of March 17, 1967 requires the holding of an annual general meeting.
In addition, article 14-1 of the law of July 10, 1965 provides that said meeting must be held within 6 months of the last day of the previous financial year.