Having noted that a decision

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

Having noted that a decision of the general meeting was to result in a complete airtight closure, outside operating hours, of the commercial building forming part of the property where the parking spaces comprising the co-ownership are situated, requiring a key, card or pass, and that it did not specify the arrangements put in place to organise a co-owner's access to their units, a Court of Appeal correctly deduces that the decision taken, which failed to comply with one of the conditions of Article 26-1 of the Law of 10 July 1965 concerning access to the building and was insufficiently specific as to the application modalities falling under Article 26-2 of the said law, should have been passed unanimously.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• 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-min consultation at €45 with Maître Zakine.