General Meeting and Legal Action: Attention to the Manager's Authorisation

Imagine: you own a flat in a residence in Plaisir. For months, water has been leaking from the neighbour's rooftop garden above. The building manager brings legal action against the developer for construction defects. But during the trial, it is discovered that the damage is more extensive than expected. The manager adds these new defects to his submissions. Problem: the general meeting never authorised this extension of the claim. The Court of Appeal then declares any claim for these new defects inadmissible. The question every owner asks: what is the point of a general meeting authorisation if the manager cannot adapt the claim to the realities of the site? This decision of the French Supreme Court of 17 July 1996 (n° 94-18.860) rules: without express authorisation from the general meeting, the manager cannot extend his legal action to defects not listed. Explanations.

The Facts: A Story That Happens Every Day

In a co-ownership property in Trappes, co-owners suffer recurrent water leaks. The manager convenes a general meeting which, by two successive votes, authorises the manager to bring legal action against the builder for defects 'expressly listed'. The claim is filed, and the trial begins. But as expert reports progress, new defects are discovered: in particular, leaks on the rooftop garden for the private use of a co-owner. The manager then files additional submissions at first instance, and then on appeal, to claim compensation for these new defects. However, the general meeting was never consulted about these specific defects. The builder raises a preliminary objection: the manager has no standing to act on these points. The Court of Appeal rules in favour of the builder. The co-ownership syndicate appeals to the Supreme Court.

The Reasoning of the Court — Analysed

The French Supreme Court dismisses the appeal. It recalls the principle: under Article 15 of the Law of 10 July 1965 (which governs co-ownership), the manager has standing to bring legal action concerning the ownership or enjoyment of the lots, but must inform the syndicate. In short, the manager can only act on authorisation from the general meeting, except in cases of urgency. Here, the Court of Appeal had found that the defects added after the claim had not been the subject of any general meeting decision. Therefore, the syndicate was inadmissible in claiming compensation for them. The high court upholds the reasoning: authorisation given for certain defects does not cover others, even if they are related. In other words, each new defect requires a new authorisation. What few people know: this rule also applies to voluntary interventions by individual co-owners. If the syndicate is inadmissible, co-owners who intervene for their own damage are also inadmissible.

What This Means for You — Concretely

For co-owners: if you suffer a defect not covered by the general meeting's authorisation, you cannot join the manager's action. You must ask the general meeting to authorise this extension, or act individually. For managers: you must be careful when drafting resolutions. List precisely the defects concerned, and include a clause allowing the action to be extended to defects discovered later, subject to a new authorisation. Example with figures: in Trappes, a co-ownership of 30 lots had to bring a second legal action for leaks not listed, doubling legal fees (about €3,000 extra). If you are in this situation, you must verify that the general meeting has indeed authorised all the defects you want to claim. undefined, I have come across cases where the manager obtained a general authorisation 'for all construction defects', which was considered too vague. However, note: this decision only concerns claims for compensation, not interim measures (such as an urgent application to stop a manifest nuisance).

Four Tips to Avoid This Type of Dispute

• Draft precise resolutions: at the general meeting, list each known defect with its location (e.g., 'leaks at the terrace of lot 5'). Avoid overly general formulas.
• Include an extension clause: ask the general meeting to authorise the manager to extend the action to defects discovered during the expert investigation, subject to informing the co-ownership council.
• Hold a vote for new authorisation if necessary: as soon as a new defect is identified, convene an extraordinary general meeting. This costs less than having the claim rejected in court.
• Keep all minutes: in case of a dispute, you will need to prove the scope of the authorisation given. Clear and complete minutes are your best ally.

Further Reading: Related Case Law and Developments

This decision is part of a consistent line: the French Supreme Court requires a special authorisation for each legal action (Civ. 3e, 14 January 1998, n° 96-11.297). Since then, the ALUR Law of 2014 strengthened the manager's powers regarding interim measures, but the principle remains: for an action on the merits, the authorisation of the general meeting is essential. The courts are increasingly strict on form: a few imprecise words in a resolution can render the action partly inadmissible. What this means for the future: managers must be trained in drafting resolutions, and co-owners must be vigilant when voting.

Checklist Before Taking Action

• Do I have general meeting minutes authorising the manager to act for this specific defect? Yes → Proceed to next step. No → Convene a general meeting.
• Is the defect listed in the resolution? Yes → You can act. No → New authorisation needed.
• Has a new defect appeared during the proceedings? Yes → Request additional authorisation. No → Continue.
• Has the manager informed the co-ownership council of developments? Yes → Good practice. No → Demand regular updates.
• Do individual co-owners want to join the action? Check that their damage is covered by the authorisation. If not, they must act separately.

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