In Monegasque law, the co-ownership of built properties is governed by the provisions of Act No. 1329 of 8 January 2007.
Variations from the French provisions may arise, namely those of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership for built properties.
In this case, the French caselaw solutions are not transposable in Monegasque law.
By way of example, French law makes a distinction between extensions to a building undertaken by the Association of Co-owners and those undertaken on a co-owner’s initiative, which are not approved by the General Meeting in accordance with the same quorum.
Monegasque law makes no distinction between these two situations.
It has been determined that extension works for the creation of new private premises are to be decided on by a unanimous vote of all co-owners present or represented, representing at least two thirds of the votes of all the co-owners, in accordance with the provisions of Article 17 of the Act of 8 January 2007 and not those of Article 15 of that Act.
In the absence of a specific provision, the requirements of Article 17 apply both to the private and communal areas.
The PASTOR-BENSA Law Firm offers you its experience in co-ownership matters, including the voidance of general meetings and the recovery of co-ownership charges.