Financial burdens of joint ownership within the framework of real estate development and its disputes

Abstract

 The Algerian legislator imposed a set of financial obligations on the owners and occupants of jointly owned real estate developments within the framework of the applicable joint ownership system. He made the decisions of the general assembly the legal mechanism for enforcing the payment of these obligations. He has distinguished between two types of financial obligations, then he has established a mechanism for financing and collecting them by the administrator. This has led to several legal disputes in case of refusal to pay, most of which focus on requests for the cancellation of the burdens. The occupants of AADL Houses in particular dispute the legitimacy of these burdens due to a lack of the joint ownership system, however, it is necessary to take into account the exceptional period of management of the jointly owned property by the real estate developer. The aim of highlighting this topic is to understand the legal provisions for imposing these burdens to determine the basis of their obligation and the principles for resolving disputes related to them. Among the conclusions reached is that the imposition of these burdens by the administrator is part of the privileged enforcement procedures for the preservation of the real estate development, however, this does not mean overlooking the basis of imposing them and their legitimacy before the courts.