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 d’une ASL et d’une copropriété sur un même ensemble immobilier génère souvent des difficultés de coordination et de répartition des responsabilités. Malgré l’obligation de créer une « union de syndicats » introduite par la loi ELAN de 2018, les conflits restent fréquents. 

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 des copropriétaires membres d’une ASL est juridiquement complexe et potentiellement source de difficultés financières. Pour sécuriser votre patrimoine, il est essentiel de :

– 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.