Facts
The company Aux 3 C, Centre commercial de Clarens S.A. was declared bankrupt on June 25, 1976. It was a co-owner, for 152 thousandths, of the building called Résidence Fulvia C, in Clarens, arranged in condominium ownership. The community of co-owners filed, in the bankruptcy, claims representing the share of the bankrupt company in the charges and administrative costs of the building, amounting to 28,750.90 CHF until December 31, 1975 and 55,405.20 CHF from January 1, 1976 to June 30, 1977.
The community of co-owners argued that these contributions should be treated as debts of the bankruptcy estate since the granting of the composition moratorium, as they had been made for the preservation of the building. The bankruptcy administration refused to pay, considering that they were claims of the bankrupt. The community then filed a complaint which was upheld by the lower supervisory authority. On appeal, the Vaud Cantonal Court of Debt Collection and Bankruptcy ordered the bankruptcy administration to set a deadline for the community to bring an action for payment.
Considerations
The Federal Tribunal ruled that the contributions to common charges and administrative costs of a condominium building constitute debts of the bankruptcy estate, insofar as these costs have served to maintain the value of an asset of the bankruptcy, namely the bankrupt's share of co-ownership.
Indeed, condominium ownership confers on each co-owner an ideal share of the building as a whole. The economic value of their property depends on the general maintenance of the building and common facilities, as well as the care taken in the administration of the building as a whole. Consequently, the common charges and administrative costs…