Definition : Prior notice of exercise of a hypothecary right (divided co-ownership)

Notice published and served on the co-owner who is still in default of paying his share of the common expenses or his contributions to the contingency fund, following the publication of a legal hypothec on the title of his property. Upon the expiry of a period of 60 days after the publication and service of the prior notice, the syndicate of co-owners may, if the failure to pay is still not resolved, institute a hypothecary recourse for, inter alia, the sale under judicial authority or the taking in payment of the fraction of the defaulting co-owner.