REAL ESTATE AND CONDOMINIUM LAW

Each co-owner may request partition at any time. A mediator is approached first; if no agreement is reached, an action is filed with the civil court of peace. If the property cannot be physically divided, it is sold and the proceeds are distributed in proportion to the shares; for property acquired entirely through inheritance, only the heirs may take part in the first auction.

Where the land registry record does not reflect the true legal position: examples include sham transactions by a deceased to disinherit heirs (muris muvazaası), abuse of a power of attorney, and transfers made by mistake or fraud. The action must be filed with the court where the property is located.

No. A sale of real estate is made by an official deed at the land registry; a sale promise agreement is valid only if executed before a notary. A sale promise agreement can also be annotated on the land register to protect it against third parties.

An owner who attended and voted against may file an annulment action with the civil court of peace within one month of the resolution; an owner who did not attend may do so within one month of learning of it. In any event, no action may be filed after six months from the date of the resolution.

A unit owner who does not pay the service charge on time must pay late-payment compensation of five per cent for each month of delay. The building manager may start enforcement proceedings or file a lawsuit to collect the debt.

The delay compensation or penalty provided for in the land-for-flat construction contract can be claimed; if the delay is serious, rescission of the contract may be considered. These contracts are valid only if executed before a notary.