By a necessary interpretation

Application pratique:

Based on the 1975 Cour de cassation ruling, when regulations and division schedule conflict, the regulations prevail. The caretaker's lodge is thus a common part, not a private unit. The resident should request the syndic (property manager) to correct the charges and, if needed, apply to the tribunal judiciaire to confirm the common status.

Application pratique:

The case law confirms that contradictory classification means the regulation takes precedence. The lodge cannot be sold privately. The buyer should immediately notify the notaire (conveyancing solicitor) and cancel the reservation, as the seller has no right to sell a common part. Demand a full refund of any deposit and seek legal advice if refused.

Application pratique:

Applying the 1975 decision, the lodge is legally a common part despite being in the division schedule. The investor's title deed is voidable. The investor should negotiate with the syndicat (co-owners' association) to either formalise a change of use (if unanimously approved) or seek annulment of sale and damages from the seller, and immediately engage a property lawyer.