When a unit is rented, the owner receives the co-ownership's calls for funds and statements. This does not mean that they can claim the same amounts from their tenant. The co-ownership and the rental relationship are two distinct matters. The co-owner must pay the co-owners' association the sums due for their unit. They must then separately determine which expenses may be taken into account in the statement given to the tenant.
Who must pay the calls for funds to the co-ownership ?
As far as the co-ownership is concerned, the debtor is the co-owner. It is therefore to the owner of the unit that the property manager sends the calls for funds, even when the dwelling or the premises are occupied by a tenant.
The owner cannot ask the property manager to pursue the tenant directly for the sums owed to the co-owners' association. They must pay the co-ownership, then deal with their tenant regarding the share of the charges that may possibly be attributed to them.
Why can the property manager's statement not be passed on as it is ?
The co-ownership statement includes expenses of a different nature. Some correspond to the daily use of the building: heating, water, electricity for the common areas, cleaning, routine maintenance or the operation of certain equipment. Others are linked to the ownership of the property, to its preservation or to the organisation of the co-ownership.
The statement drawn up by the property manager therefore answers one question: what is the co-owner's share of the building's expenses ? The rental charges statement answers a different question: which expenses may be claimed from the tenant, having regard to the lease and the applicable rules ? The two documents cannot be confused with one another.
Which expenses may concern the tenant ?
The charges attributed to the tenant must correspond to actual expenses linked to the use of the property or to the services from which they benefit. This may concern, in particular, the consumption of water or heating, the electricity for the common areas, cleaning, routine maintenance or certain costs linked to the equipment used by the occupants.
The mere presence of an expense in the co-ownership statement is not, however, enough to make it automatically recoverable from the tenant. The owner must be able to explain the nature of the expense, its method of apportionment and the amount claimed.
Which expenses remain linked to ownership ?
Certain sums are borne by the owner by virtue of their status as a co-owner. These may include, in particular, expenses relating to the management of the co-ownership, to the works fund, to major repairs or to works intended to preserve or improve the building.
These expenses do not simply correspond to consumption or to a service used by the tenant. They contribute to the preservation or the value of the property belonging to the owner. They must therefore be distinguished from the charges of occupancy.
How to draw up the tenant's statement ?
The owner must start from the actual expenses of the financial year, and not simply copy the amount of the calls for funds. The calls paid during the year are only provisions. The final cost appears only after the co-ownership's accounts have been drawn up and approved.
The owner must therefore wait until they have the actual statement, isolate the expenses that can be attributed to the tenant, take into account the provisions already paid by the tenant, and calculate the difference. If the rental provisions exceed the expenses retained, the balance is in the tenant's favour. If they are insufficient, an additional amount may be requested under the conditions provided for by the lease and the applicable legislation.
May the tenant ask for supporting documents ?
The tenant must be able to understand the sums claimed from them and to check that they are genuine. The owner must therefore keep the statements, invoices and apportionment details needed to justify the calculation. A single overall amount labelled « co-ownership charges » is not enough. A distinction must be drawn between the expenses linked to occupancy and those which remain attached to ownership of the unit.
Reference texts
The debtor of the charges vis-à-vis the co-owners' association is the co-owner, pursuant to the amended Law of 16 May 1975 establishing the statute of co-ownership of built property (Art. 24). The framework applicable to the lease is set out, for its part, in the amended Law of 21 September 2006 on residential leases.