Can a Co-Owner Initiate Legal Action in Disputes Concerning the Common Parts of a Co-Ownership?
According to the Civil Code, each co-owner may initiate legal proceedings concerning their own private unit (privative part), as long as the syndic (property manager) is informed beforehand. The syndic must then inform the other co-owners.
In other words: if the dispute concerns your own apartment, you are allowed to go to court on your own. There is no debate about this.
But what if the issue relates to the common parts of the building, like the façade, roof, or elevator?
In practice, it is usually the association of co-owners (ACO) that initiates legal action — but that’s not always straightforward.
One example:
Imagine that another co-owner is also the property developer. They might still own a few apartments or garages in the building or be responsible for finishing certain works.
In such a case, a conflict of interest may arise, and it can be difficult to obtain a collective decision from the general meeting to take legal action.
Who can initiate legal proceedings within a co-ownership structure?
1. The Association of Co-Owners (ACO)
The ACO has legal personality, which means it can act in court as either plaintiff or defendant (see Articles 3.92, §1 and 3.89, §5, 4° of the Civil Code – formerly Articles 577-9, §1 and 577-8, §4, 6°).
The syndic is the legally competent body to initiate such legal proceedings on behalf of the ACO.
2. The co-owner(s) themselves
In addition to the ACO, any individual co-owner may also initiate legal action.
According to Article 3.92, §1, fifth paragraph (former Article 577-9, §1, fifth paragraph), a co-owner may bring legal proceedings concerning their lot, provided that the syndic is informed, who must then notify the other co-owners.
The law refers to “their lot”, which does not only include the private unit but also the co-owner’s share in the common parts.
The co-owner does not need to prove a separate or distinct interest from the ACO to act.
What does this mean in practice?
If there are defects affecting both the common parts (e.g. a leak through the roof) and your private unit (e.g. water damage in your bedroom), you, as a co-owner, have the legal capacity and interest to initiate proceedings on your own.
You do not need to wait for a decision from the general assembly.
This interpretation has also been confirmed in recent case law.
Are you facing such a situation?
Are you dealing with problems related to the common parts of your building?
Do you suspect a conflict of interest, or are you unsure whether you can act on your own?
Feel free to contact one of our Wanted Lawyers.
We’re happy to provide personalised advice and guide you through the process.