Rejection of the claim by the Community of co-owners against the purchasers of a share of co-ownership by floors for the payment of unpaid common contributions

Facts

[B.] was the owner of two apartments in a multi-storey co-ownership building of the Community of Co-owners of the PPE X. in Geneva. The rules of administration and use of the co-ownership provided that the assignee of a share of co-ownership is jointly and severally liable with the assignor for the payment of common contributions for the last three years and the current year.

After [B.] ceased to pay his contributions, the Community had a mortgage registered on one of the apartments. This apartment was then sold at a forced auction to the [L.] spouses.

The Community then brought an action before the court to obtain payment of the unpaid common contributions by the [L.] spouses, based on the solidarity clause in the co-ownership regulations.

Considerations

The Federal Tribunal rejected the Community's claim. It considered that the solidarity clause in the co-ownership regulations is not enforceable against purchasers of a share of co-ownership by floors in the context of a forced auction sale, as it does not have a direct link with the common administration and use of the property, contrary to the other provisions of the regulations referred to in Art. 649a CC.

The Federal Tribunal also excluded the possibility that the purchasers could be held…