Having noted that the Act of 8 June 1999

Application pratique:

Thanks to the Cour de cassation ruling of 4 January 2006, your syndic could order this low-cost report without needing a vote from the general meeting. You can request a copy from the syndic at no extra charge, speeding up your sale. Ensure the report is less than 3 months old on the date of the final deed. This proactive approach by the syndic saves you both time and money.

Application pratique:

Based on the 2006 decision, syndics can order quarterly reports without general meeting approval, making it likely that an updated report is available or can be quickly commissioned. Ask the seller or syndic for the most recent report on common parts. If none exists, the syndic can obtain one at low cost (around €150) within days, ensuring your transaction satisfies the law and giving you peace of mind against hidden infestations.

Application pratique:

The Cour de cassation ruling confirms that the syndic has the power to commission a parasitic condition report on common parts without prior approval, as long as the cost is reasonable (e.g., under €200). This is part of their duty to preserve the building. You can cite this decision to the syndic and your fellow co-owners, enabling immediate action. If infestation is confirmed, prompt treatment can prevent expensive structural repairs, potentially saving each co-owner thousands of euros.