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fraude contraventionnelle
souffle bifide en V
Apr 2 09:44
1 mo ago
34 viewers *
French term

appel de provisions sur charges

French to English Bus/Financial Real Estate
Writ of summons issued by Co-owners Association, due to co-owner (in fact 3 joint owners) having failed to pay service charges.

"Par ordonnance en date du 10 mai 2021, le Juge des référés les a solidairement condamnés à payer au Syndicat des Copropriétaires :
...
Non seulement ils n’ont jamais honoré les condamnations prononcées à leur encontre mais n’ont pas réglé la moindre charge depuis.
Ils sont débiteurs, au 23 mars 2024 d’une somme de 0.000 €, appel de provisions sur charges du 2ème trimestre 2024 inclus, répartie de la manière suivante :
Au titre des créances de toutes natures visées par les articles 19, 19-1 de la Loi du 10 juillet 1965 et 2402 du Code Civil :
Date Libellé Montant Solde
01/02/2021 Cotisation Fonds Travaux 01/02/2021 xxx €
01/02/2021 Appel provision 01/02/2021 xxx €
15/02/2021 Prov./Appel AAA 15/02/2021 xxx €
..."

(AAA is the surname of the miscreants).

There are one or two entries in the archives which are similar to this, but I've really yet to find a satisfactory English expression for it. I'm fairly sure that the main idea of provision in the French expression means "you're paying in advance". But appel is also a bit awkward for an English language similar context: we talk of "calls (for funds)" in an investment context... but in a service charge context?

In one archive entry the suggestion is to use "instalment". But an appel is quite different to an instalment it seems to me: you get an envelope (or email) saying "oy, pay this". You might half be expecting it, but it's not an instalment: the latter is always planned in advance and never a surprise.

It's quite possible that French "commonhold" ownership is so different to the English-law property system that we have to use a make-do term which is absolutely not found in this context in English-language documents.
Proposed translations (English)
4 +2 call for payment of advances on service charges
4 Call for provisions for service charges
3 application (as requisitioned) for instal(l)ment payments on account of service charges
4 -1 prepayments of charges
References
see

Discussion

Daryo Apr 8:
Here "un appel" is about the fact that this delinquent co-owner was asked / requested to put some money in to common pot for the building maintenance.

appel de provisions sur charges du 2ème trimestre 2024 inclus
=
including the advances on service charges requested for the second quarter of 2024

Money matters are not some inconsequential chit-chat - personally I prefer to stay close to the ST and not replace anything explicitly stated by some "implicit meaning" open to uncertain (mis)interpretation.
Mpoma (asker) Apr 4:
FWIW Inspired by many of the comments/answers here, I agree with a word evoked by Charlie, namely "demand". For me this translates appel pretty closely. In the end I put "demand for advance charge payment"... but I think there's quite a lot of latitude for different ways of expressing it, as it is significantly different to what we see in the English-language world in comparable contexts.
Charlie Bavington Apr 4:
I agree with the comments you've made in other answers that translating "appel" might not be unnecessary IF the wording is clear (I think it probably would be in most likely translations here). I don't think I agree with your answer of prepayment. A prepayment is usually about paying in advance for a liability you know you will incur. These "provisions" are a fund that might, or might not, be used (& could be refunded). You might view it as, in these circs (as against accountancy), all provisions are prepayments; not all prepayments are provisions. So it *could* be misinterpreted.
But yes, I do think we skip "appel" iteself.
philgoddard Apr 4:
Charlie It sounds like you agree with me.

Let's assume the 'appel' is an invoice. How is
'They did not pay the charges for the second quarter'
different from
'They did not pay the invoice for the charges for the second quarter'?
Charlie Bavington Apr 4:
Forget the appel ?? As of 24 March, they also owe €x, including the ...... OK, so that gap is part of the discussion, I tend to side with "service charges" on the understanding it covers a whole gamut of possible contingent liabilities (to use an accounting term not unrelated to "provision" + "charges"); I've used "provisional service charge payment" in the past for provision sur charges.
I digress a little. If this money is owed, and you state as much, and there is an attached list including this figure in AAA's total debt, do you need to make a song and dance about the word "appel" per se? There would have been some kind of request/demand/invoice/bill for all the money they owe. If nothing fits neatly, I think you can justify the notion it is very much implied by whatever else you put.
AllegroTrans Apr 4:
And as most of us know... The administration of co-ownership housing in France is micro-managed by a plethora of law, whilst in GB trust is largely placed in the "commonsense" of the common man on the Clapham omnibus...
AllegroTrans Apr 2:
Personal experience fwiw I am a co-director of a leasehold flats self-management company. When there have been exceptional expenses (e.g. estimated costs of redecoration of the hallways) these have been apportioned between the leaseholders and added to the invoices for service charges and ground rent as "additional contribution"
Mpoma (asker) Apr 2:
@SafeTex Yes, thanks. "Fonds Travaux" is usually "Reserve Fund". In the case of the 3rd line there, actually "AAA" is the surname (disguised) of the people who have not paid.

I'm not entirely convinced by your objection because "service charge" is something of a euphemism in the UK context: it does in fact cover any and all charges extracted from the leaseholders in a leasehold property, for any and all purposes. If you are from the US or Canada your objection might be more legitimate: if so, is there a catch-all term which you can think of (e.g. "charges", as suggested by AT)? In fact I see from your profile that you're from the UK...
SafeTex Apr 2:
Service charges does not cover it Hello

I live in France and was a condominium owner manager for years, and I'm sure that this is not just for service charges

The French lists the following

01/02/2021 Cotisation Fonds Travaux 01/02/2021 xxx €
01/02/2021 Appel provision 01/02/2021 xxx €
15/02/2021 Prov./Appel AAA 15/02/2021 xxx €

The first entry is a sum we pay so that there are funds available for anything, including emergencies of any nature, rather than regular service charges.
The third entry is probably a project (AAA) voted by an AG and would normally be a building project or the replacement of old equipment.
AllegroTrans Apr 2:
Yes to "calls" The co-owners receive "calls" (but we would probably just say "invoices" in GB) to pay advances on the estimated forthcoming co-ownership charges. The same thing happens here but the "advance" is often incorporated into the invoice (quarterly, half-yearly or whatever).

Proposed translations

+2
42 mins
Selected

call for payment of advances on service charges

Management company asking for 3 years advance service ...
Property118
https://www.property118.com › management-company-a...
19 Jan 2024 — The Management company of the block he is buying the flat in is asking for 3 years advance service charge on top of the regular service payments ...

Reasonableness of advance service charges when ...
KDL Law
https://www.kdllaw.com › legal-updates › reasonablene...
1 Nov 2018 — Section 19 (2) of the LTA 1985 states that “where a service charge is payable before the relevant costs are incurred, no greater amount than is ...
Peer comment(s):
neutral SafeTex : More than "service" charges. See my remark in the discussion
12 mins
Well I was trying to find a catch-all; perhaps "charges" would be better
neutral philgoddard : As Mpoma says, 'call for' doesn't really work in this context.
2 hrs
It's a call/request/demand for payment, quite simply and it needs to be translated in order to make sense of the sentence
agree Daryo : or request // I really can't see how a "request for (payment or whatever else)" can become just a "payment (whatever else)" // I must've gone to l'école buissonnière the day of that lesson in alternative logic.
1 day 18 hrs
thanks
neutral Francois Boye : provision doesn't mean advance payment
6 days
I did not suggest advance payment but "payment of advance on service charges" which isn't the same thing
agree Yvonne Gallagher
6 days
Thanks Yvonne
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
51 mins

application (as requisitioned) for instal(l)ment payments on account of service charges

Ils sont débiteurs, au 23 mars 2024 d’une somme de 0.000 €, appel de provisions sur charges du 2ème trimestre 2024 inclus, répartie de la manière suivante :

They are liable, as at the .... for a sum of .., as requisitioned for payments on a/c of service charges for the 2nd. quarter of 2024 inclusive, (BrE:) apportioned (AmE:) allocated in manner following / as follows.

Notes. 1. my own West London commonhold service charge refers to application (sometimes request) for payment with the service charge deficit (= defaulters' shortfall) apportioned between the rest of us 'long leaseholders' (with leases extended from 99 to 999 years and a 'share of the freehold' = commonholders).

2. call for funds or payments IMO fits better the context of company shares or, as the asker suggests, investment schemes.
Example sentence:

A requisition is a demand or request for a service or item, typically using a purchase requisition form or another standardized document.

Reference:

http://www.lease-assn.org/leasehold-information-sheets/service-charges.php

Peer comment(s):
neutral AllegroTrans : In my experience of translating docs for a French co-ownership these have usually been one-off additional prepayments rather than instalments
3 hrs
Something went wrong...
-1
3 hrs

prepayments of charges

Usually in a commercial lease, estimated service charges are payable in advance as a provision, and adjusted later to reflect the actual figures. But 'charges' is nice and vague, because it could cover rent as well.
Peer comment(s):
neutral AllegroTrans : OK but you still need to cover "appel"
44 mins
No, you don't. There may or may not be an invoice involved, but here they're just talking about the amount due, which the defendant hasn't paid. But thanks for the agree.
disagree Daryo : If you ignore the "appel de ..." part, you distort the ST beyond recognition + there is nothing "vague" in this ST this "appel de ..." has nothing to do with the rent.
1 day 15 hrs
Something went wrong...
5 hrs

Call for provisions for service charges

Provisions for charges refer to an estimate of the rental charges that the tenant pays monthly in addition to the rent.

These charges cover expenses related to the use of the property and communal services, such as heating, water, and maintenance of common areas.

An adjustment is made to align the provisions paid with the actual expenses, resulting in a reimbursement or an additional payment by the tenant.
Example: Sophie pays rent of €550 per month, with a €50 provision for service charges. At the end of the year, it turns out that the actual charges amount to €40. At the end of the contract or the year, the landlord will reimburse her €10 x 12 = €120.
Peer comment(s):
neutral AllegroTrans : Isn't this just a minor rewording of my answer? provisions=advance payments, no?
1 hr
provision is an accounting concept that does not mean advance payment
neutral philgoddard : This is not about accounting, and it does mean advance payment.
3 hrs
The concept of provision is an accounting concept
Something went wrong...

Reference comments

2 hrs
Reference:

see

https://arc-copro.fr/documentation/provisions-avances-cotisa...
L’article 35-1 du décret du 17 mars 1967 permet au syndic d’appeler auprès des copropriétaires principalement trois types de fonds.

Il s’agit des provisions pour charges, des avances, ainsi que des cotisations.

Chacun de ces trois types d’appels de fonds répond à une définition légale, ce qui implique des conséquences juridiques et comptables.

Voyons les principales particularités de ces trois types d’appels de fonds.
I. les provisions de charges.

Que ce soit en matière de dépense courante ou de travaux votés, l’assemblée générale valide dans un premier temps un budget.

C’est sur la base de ce budget que le syndic est en mesure d’appeler les charges auprès de chacun des copropriétaires en fonction de leurs tantièmes.

Ces provisions sont exigibles puisque l’assemblée générale a voté un budget prévisionnel de charges courantes ou de travaux.

--------------------------------------------------
Note added at   2 godz. (2024-04-02 12:14:27 GMT)
--------------------------------------------------

https://www.multitran.com/fr/dictionnaire/francais-anglais/a...

--------------------------------------------------
Note added at   2 godz. (2024-04-02 12:16:35 GMT)
--------------------------------------------------

Les charges spéciales​​ En plus des charges courantes de copropriété, votre appel de fonds du syndic peut comporter des charges spéciales

--------------------------------------------------
Note added at   2 godz. (2024-04-02 12:18:04 GMT)
--------------------------------------------------

https://www.proz.com/kudoz/french-to-english/accounting/3632...


I think it is more than "service charges"
Peer comments on this reference comment:
agree AllegroTrans
1 hr
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