Facts
A. and B. are co-owners in a simple partnership of condominium property no. 21195. A dispute has arisen between A. and the condominium owners' association "PPE X." regarding the amount of charges and renovation costs to be paid. The condominium association has filed a requisition for an inventory to safeguard its right of retention and a requisition for debt enforcement proceedings against A. for an amount of CHF 145,088.70.
The President of the Civil Court of Sarine has ordered the provisional release of the opposition up to the amount pursued, considering that an acknowledgment of debt could be deduced from the condominium regulations and the cost statements approved by the general meeting of condominium owners. A. has appealed against this decision.
Considerations
The Federal Tribunal has partially upheld the appeal. It considered that the condominium regulations, although they provide for the principle of the co-owner's contribution to common costs and expenses, do not allow the determination or easy determination of the amount of this debt at the time of the…