ASL and co-ownership: 5 key points for owners

Are you a co-owner and you discover that you also fall under a Free Trade Union Association (ASL)? Here are 5 things you absolutely need to know about the relationship between these two legal regimes.

 1. Membership in the ASL is mandatory

If your batch of co-ownership is located within the perimeter of an ASL, you are automatically a member. As specified in Article 2 of the 2004 ordinance, “member owners are required to contribute to the association’s expenses”. So there’s no way around it!

2. ASL charges are added to those of the co-ownership

Inasmuch as co-owner member of an ASL, you must pay two types of charges:

– Co-ownership charges for the maintenance of the common areas of your building

– ASL charges for the management of the common facilities of the subdivision (roads, green spaces, etc.)

Be careful to include this double cost in your budget!

 3. ASL/co-ownership governance can be complex

The coexistence of an ASL and a co-ownership on the same real estate complex often generates difficulties in coordination and distribution of responsibilities. Despite the obligation to create a "union of syndicates" introduced by the ELAN law of 2018, conflicts remain frequent. 

4. Remedies exist in the event of difficulty

If you are experiencing issues with your dual ASL/co-ownership status, you have several options:

– Contact the co-ownership mediator established by the 2019 law

– Challenge abusive decisions before the court of justice  

– Renegotiate the distribution of charges in general meeting from ASL

In any case, do not hesitate to seek assistance from a lawyer specialized.

5. Increased vigilance is essential

The situation of co-owners who are members of an ASL is legally complex and potentially a source of financial difficulties. To secure your assets, it is essential to:

– Understand your rights and obligations in both structures

– Get involved in governance (AGM, union councils)  

– Provide support in the event of a dispute

Being a co-owner in ASL requires constant vigilance!

In conclusion, dual membership in a co-ownership and an ASL is far from trivial for the owners concerned. Additional charges, risks of conflict, legal complexity... There are many pitfalls. But by being well informed and properly supported, it is possible to master these issues and preserve the value of your real estate.