Société simple: figuring out the statutes

Hi Richard, thanks for your answer.
I still don’t get it though :-/
Will somebody who leave before the permit is obtain get this money back or not?

It seems like a lot of money to loose if for some bad luck you had to leave the project… And not very fair because it means that the people coming in after you would be paying less for their apartment…

I started thinking about this mostly because of something Lucia mentioned about apartment choice and the fact that people getting in later might not necessarily have options that they can actually afford in the end, and might be forced to leave the project…
And also in general, we are not fully certain of the final price of the project until after the Avant projet is finished, and we will have paid notary fees ans a fair share of architects fees by then…

If you leave the day before the permit is obtained, you will have contributed some 20% of your total payments to archi, notary and registration fees which cannot be recovered. In my understanding, leaving the SoSim is by design complicated (i.e. needs to be approved by the assembly and management), so that transition is discouraged and stability ensured; indeed this may not seem fair for the individual(s) leaving and we can probably discuss this further (team building, FM, notary etc.)
I do agree on your point of price risk which is inherent to our project and which will continue even after the avant-projet. Regarding availability of apartments, I would have thought clarity will be provided with the esquisse, but trust your good judgment as a member of team building :wink:

3 Likes

I think what the notary said about this is that this clause is unavoidable, because if mistakes are made and we are incurring costs that will turn out to be for nothing (e.g. asking the lawyer to check somehing while it wasn’t needed), the newly incoming member does not get any value for that, and should therefore not be expected to pay for it.

The solution for the person who wants out - which Mark always has said is not possible at a certain stage btw - is either to make a gentlemens agreement that says that the new houshold will fully reimburse the costs of the outgoing household, or else that you stay in the project until the casco unit has been finished, and then you sell your unit.

In the unlikely event that this happens, I trust we will find a creative solution for this. In Brutopia for example, this is where they decided to increase solidarity and stretch the “accordéon” / price fork.

Mark’s reply to this is that the price should not go beyond the price of the feasibility study (unless agreed by everybody). If it turns out that there are unforeseen costs, then we’ll need to start cutting out things from our wish list.

1 Like