Reference decision: Cour de cassation • No. 17-16.693 • 2018-06-28 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Having noted that a co-owner had opposed the decision to eliminate the concierge position, a court of appeal correctly held that voting in favour of certain resolutions adopted consecutively to that decision did not have the effect of changing the nature of the vote on the contested resolution, and thereby rightly deduced that the application for annulment of that decision is admissible under Article 42, paragraph 2, of Law No. 65-567 of 10 July 1965
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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