The trustee is required to communicate the supporting documents for the co-ownership charges to the co-owners who request them, before the general meeting, but not to send them to them.
He is not obliged to send these documents by post, even at the expense of the co-owner who requests them, specified the Court of Cassation.
The judges therefore rejected the request of a co-owner who was claiming compensation from his trustee because he had refused to send him these supporting documents, between the convocation and the holding of the general meeting.
The decree of 1967, taken for the application of the law of 1965 which regulates life in co-ownership, indicates that the trustee "gives to the co-owner who requests it, at the expense of the latter, a copy of the supporting documents of the charges", but it also indicates in another article that the syndic "fixes the place of consultation of the documents (...) either at its headquarters, or at the place where it usually ensures the reception of the co-owners".
Contrary to what this co-owner argued, the Court ruled that the obligation to submit copies of supporting documents did not include the obligation to send them.
(Cass. Civil 3, 9.2.2022, E 21-11.197).
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