Count and accounts....

Count and accounts....

Have you ever asked yourself how the ASLIC calls for funds are calculated?

Like many of us, you may feel that the question does not even arise and that confidence is required when it comes to settling what is due to finance the maintenance of the Cap Coudalère site.

Looking a little closer, you would see that nothing is more bizarre than the way contributions are called by ASLIC.

Following the analysis carried out by a group of owners, the A3C wishes to provide you with some elements of understanding on the "charges" that you pay to the ASLIC.

In order to understand the following, it must first be known that ASLIC is not a co-ownership trustee and that it does not share the expenses it incurs on behalf of its members for the maintenance and management of the horizontal parts of the Coudalère site. ASLIC is an association of owners governed by Order 2004-632 of 1 July 2024 and Decree no. 2006-504 of 3 May 2006. It does not fall under the law n° 65-557 of 10 July 1965 which concerns the co-ownership trustee responsible for managing your residence.

1°) The ASLIC does not collect charges but contributions according to article IX-2 of its statutes ("every member of the ASLIC is liable for both his own contribution and that of those whose property he holds." )

ASLIC has already stated it, and rightly so, it is not a co-ownership trustee! It is therefore not intended to collect charges determined on the basis of fees but rather of contributions, that is to say, sums paid to it by the owners who are members. These amounts are intended to finance the maintenance and work of the spaces that are located within the ASLIC perimeter. This funding, of course, is provided on behalf of the owners. The "charges/contributions" nuance is important because it conditions the distribution key used by ASLIC to establish the amount of calls for funds

2°) the distribution key used by ASLIC is flawed because it is based on confusion

Before examining article VIII-5 of the statutes of the ASLIC which specify the method of calculation of contributions called by the ASLIC it is necessary to distinguish the following 2 notions:

the living area of a dwelling is the sum of the spaces in which it is possible to live. According to the law, it includes All covered and enclosed rooms with a ceiling height of more than 1.80 metres where standing is permitted; and living comfortably. This includes the bedrooms, living room, kitchen, bathroom and toilet

the useful area of a dwelling is defined by article R 331-10 of the Construction and Housing Code. It corresponds to the living area of the dwelling plus half of the surface of its annexes. The annexes are defined by the order of 9 May 1995 made pursuant to article R. 353-16 and article R.   331-10 of the Construction and Housing Code which states: for the definition of the useful area referred to in article R. 331-10 and 2 of article R. 353-16 of the French construction and housing, ancillary areas are the areas reserved for the exclusive use of the occupant of the dwelling and whose ceiling height is at least equal to 1.80 meters.   They include cellars, basements, sheds, storage areas workshops, dryers and storerooms outside the dwelling, harrows, attics and lofts, balconies, loggias and verandas and, within the limit of 9 square meters, parts of terraces accessible on the floor or arranged on work buried or half-buried.

Article VIII-5 of the statutes of ASLIC presents a confusion between these two concepts (living space and useful area) because it states in the first place (a) that the distribution will have as a basis of calculation the coefficients according to the useful area while mentioning subsequently that the selected distribution key is the total square meters of living space represented by each condominium.

The nuance is important because depending on the case, the annexes of the dwelling are taken into account or not. In addition, car parks that are not taken into account either in the living space or in the useful area allocated to housing are nevertheless retained by ASLIC.

But the most surprising is not there....

3°) ASLIC does not respect its own allocation keys

If one examines the appeals of funds of the ASLIC, it is quickly realized that the distribution of contributions called by the ASLIC is not based on habitable or useful areas (contrary to what the statutes of the ASLIC provide) but on the tantièmes determined for each co-ownership and mentioned in the descriptive state of division contained in the by-laws of each co-ownership.

So what are the consequences of this mistake? Simply, ASLIC retains , for the calculation of its contributions, areas that should not be taken into account since the tantièmes include not only the area of the lot but also its consistency (if the lot has a terrace or balcony) and its location (floor and ground floor).

To this is added the taking into account, by ASLIC, of the tantièmes allocated to parking spaces, which for the detail, either appear distinctly on its calls for funds or are purely and simply added to the tantièmes of the apartment.

You will have understood: ASLIC makes you pay contributions whose calculation method is tainted with errors and inconsistencies (which you can check by yourself when reading the information that the A3C communicates to you) and which are fully verifiable!

We will not mention here the discrepancies that affect the distribution of voting rights of condominiums and which result from all these confusions. As an example, is it normal that condominiums that finance 15.76%, 9.39% or 12.37% of ASLIC’s calls for funds express in their votes for, respectively, 14.65%, 7.29% and 11.77

Once again we see with what amateurism the ASLIC manages a budget of close to 1, 2 million €

It is really time to put consistency and transparency in all these accounts that lead only to increase exponentially and without real control the budgets of ASLIC!