PPE: what about the person who doesn't pay?

PPE: what about the person who doesn't pay?

I live in a condominium where one of the co-owners has not been paying his utilities for some time now. What can the other co-owners do to ensure that the contributions are paid? Who can or should take action against him?

Y, Vau

In principle, all co-owners of a condominium (PPE) must contribute to the common charges and administration costs of their building in accordance with the distribution fixed by law (prescribing a distribution in proportion to the shares in the building) or by the regulations governing the administration and use of the condominium, or even by a community decision.

If one of the co-owners ceases to pay his or her contribution, the community of (other) co-owners may request the registration of a mortgage on the share of the person concerned in order to guarantee his or her right to the contributions due for the last three years, pursuant to article 712i of the Swiss Civil Code (CC).

A legal mortgage is a right of lien that may ultimately allow the compulsory sale of the condominium unit concerned. The decision to request the registration of such a legal mortgage is normally taken by the general meeting of co-owners, it being specified that neither the defaulting party (if present) nor the PPE administrator votes on this occasion. The community of co-owners may take legal action itself, provided that all the co-owners concerned submit an application together, or it may allow the co-ownership administrator to represent it. The condominium manager also has the authority to take action, even without the approval of the condominium meeting, if the matter is urgent.

If there is no administrator or if the administrator refuses to act, each co-owner may request the registration of the right of pledge, provided that he or she is authorised to do so by a decision taken by a majority of the other co-owners or, failing that, by a judge, who may be specially empowered to do so, which may happen in particular when the co-ownership consists of only two owners.