Managing a co-ownership of 2 lots without a professional property manager raises a specific question: what obligations remain, and which ones truly disappear? The regime applicable to co-ownerships with lots divided between two co-owners does not follow either the common law of large co-ownerships or exactly that of small co-ownerships of five lots or fewer. This specific framework alters governance, decision-making, and day-to-day management.
Maintained Obligations and Reduced Obligations in a 2-Lot Co-Ownership
| Obligation | Classic Co-Ownership | Co-Ownership with 2 Co-Owners |
|---|---|---|
| Designated Property Manager | Mandatory (professional or volunteer) | Mandatory, but can be one of the two co-owners (volunteer property manager) |
| Annual General Meeting | Mandatory | Maintained, but decisions can be made by written consultation |
| Co-Ownership Council | Recommended / mandatory depending on size | Not relevant (only two co-owners) |
| Co-Ownership Rules | Mandatory | Mandatory |
| Registration in the National Register | Mandatory | Mandatory from the creation |
| Separate Bank Account | Mandatory | Mandatory |
| Work Fund | Mandatory (unless exemption for small co-ownership) | Can be waived by unanimous vote |
The table highlights a point often misunderstood: the regime for two co-owners does not exempt any structural obligation. It simplifies decision-making procedures, not the legal foundation.
The fact that a 2-lot co-ownership without a professional property manager remains subject to registration in the national register surprises many co-owners. This formality applies to any co-ownership intended wholly or partially for residential use, including those with two or three lots.
Volunteer Property Manager in a 2-Lot Co-Ownership: What the Mandate Implies
Designating a volunteer property manager among the two co-owners does not mean informally sharing tasks. The volunteer property manager performs the same legal functions as a professional property manager, without a professional card or required diploma, but with the same responsibilities.
The election takes place at the general meeting, by the absolute majority provided for in Article 25 of the 1965 law. In a co-ownership with two co-owners, this practically means that the non-candidate co-owner must vote in favor. The mandate has a defined duration, which is renewable.
Concrete Tasks of the Volunteer Property Manager for Two Lots
- Open and manage a separate bank account in the name of the co-ownership association, even if the financial flows are minimal between the two lots
- Establish the annual budget, convene the general meeting (or organize a written consultation), and record decisions in minutes
- Ensure the registration of the co-ownership in the national register and update the data (number of lots, identity of the property manager, accounting year)
- Subscribe to liability insurance for the association and, where applicable, verify the building’s coverage
The administrative burden remains modest for two lots, but forgetting one of these obligations exposes the volunteer property manager to personal liability.
Decision-Making Between Two Co-Owners: The Risk of Deadlock
The binary configuration creates a structural imbalance. If the shares are divided 50/50, each co-owner effectively has a veto right over any decision submitted to the absolute majority. Conversely, when one co-owner holds more than half of the shares, they can theoretically impose certain routine decisions.
The 2019 ordinance provides for recourse to the judicial court in case of deadlock. A co-owner can bring the matter before a judge to obtain permission to carry out urgent or necessary work for the preservation of the building, even without the other’s agreement. This mechanism prevents total paralysis, but it remains a contentious procedure, with its delays and costs.
Works and Expenses: How to Arbitrate Without a Formal Meeting
The regime for co-ownerships with two co-owners allows for decision-making by written consultation, which avoids the need to convene a physical general meeting for each intervention. The two co-owners communicate in writing (mail or email with acknowledgment), and the decision is formalized in a signed document that serves as minutes.
This flexibility works well for routine maintenance expenses. For heavier works (facade renovation, roofing, compliance updates), written consultation remains possible, but it is essential to keep an accurate record of validated quotes and expressed votes. The absence of formality does not exempt from traceability.
Co-Ownership Rules and Distribution of Charges in Two Lots
The co-ownership rules set the purpose of the building, the rules for using common areas, and the distribution of charges between the two co-owners. It is binding on current and future owners, making it the founding document of the co-ownership.
In a co-ownership with two lots, the distribution of charges is often simpler than in a large building, but it can become contentious if the initial rules are vague. General charges (maintenance, upkeep, administration) are distributed according to the shares. Special charges (elevator, collective heating) follow the utility criterion, but in a building with two lots, these items are rare.
One point deserves attention: modifying the co-ownership rules requires unanimity in a co-ownership with two co-owners. If one refuses, the initial text remains in force. Before purchasing a lot in this type of co-ownership, checking the wording of the rules and the distribution key for charges can prevent costly disputes.
Managing a two-lot co-ownership without a professional property manager relies on a balance between procedural flexibility and documentary rigor. The legal framework resulting from the 2019 ordinance simplifies daily governance, but the separate bank account, registration, and co-ownership rules remain non-negotiable foundations. The true factor for success lies less in the law than in the quality of the relationship between the two co-owners.