Co-ownership: Can a co-owner act alone in court without the syndic?

Imagine: you own a flat in Voiron, with a lovely loggia overlooking the mountains. One day, your neighbour cuts a window in their lot, offering a direct view of your loggia. You feel spied on: every time someone enters or leaves your home, they can see them. What should you do? Must you wait for the approval of the general meeting of co-owners to take legal action? Or can you go to court yourself?

This is exactly the question that arose in this 1973 case, and the answer is clear: yes, you can act alone, without the syndic, to defend the enjoyment of your lot. The Court of Cassation overturned the Court of Appeal's decision, which had declared a co-owner's action inadmissible on the grounds that he should have acted through the co-ownership association.

This decision, although old, remains an essential reference in co-ownership law. It protects the individual right of each co-owner to take legal action to preserve their property, without being paralysed by delays or opposition from the majority. Let's analyse this case and its practical implications, particularly if you are in Voiron or Le Pont-de-Claix.

The facts: a story like many others

Mr Salomez is a co-owner in a building. He owns a flat with a loggia, a covered terrace that forms part of the common parts. Another co-owner, Mr X, decides to install a window in his own lot, which opens directly onto this loggia. Until then, the loggia was a private space for Mr Salomez, even if legally it was common. With this window, anyone in the neighbouring flat can see who enters and leaves his home.

Mr Salomez is furious: he considers that this window infringes his privacy and the peaceful enjoyment of his lot. He sues the offending co-owner in court to have the window removed. But the Tribunal de grande instance dismisses his claim, and the Grenoble Court of Appeal confirms: his action is inadmissible, because he should have acted through the co-owners' association, which alone is entitled to defend the common parts.

Mr Salomez appeals to the Court of Cassation. He argues that the window causes direct individual harm to his lot (the enjoyment of his loggia), and that under Article 15, paragraph 2 of the Law of 10 July 1965, any co-owner may exercise alone actions concerning the ownership or enjoyment of his lot, provided he informs the syndic.

The reasoning of the court — explained

The Court of Cassation rules in favour of Mr Salomez. It quashes the Court of Appeal's decision on the basis of Article 15, paragraph 2 of the Law of 10 July 1965. This provision is fundamental: it states that "any co-owner may exercise alone actions concerning the ownership or enjoyment of his lot, provided he informs the syndic".

In clear terms, each co-owner has an individual right over their lot. If a disturbance (such as a window overlooking your loggia) infringes that right, you can take legal action alone, without needing authorisation from the general meeting. The syndic must simply be informed, but its agreement is not necessary.

The Court of Appeal had made an error: it considered that since the loggia was a common part, only the co-ownership association could act. But the Court of Cassation recalls that Mr Salomez's action aimed to protect the enjoyment of his lot (the flat and the adjoining loggia), not the common parts in general. The harm alleged was individual: the right to peace and privacy.

In other words, the nature of the common part does not prevent a co-owner from acting if the disturbance directly affects his lot. This is a subtle but crucial distinction: one is not defending the collective interest, but one's personal interest.

What few people know is that this decision is still relevant today. It is cited in real estate law textbooks and serves as a reference for all disputes between co-owners. It illustrates the balance between individual freedom and the necessary cohesion of the co-ownership.

What this means for you — in practice

Whether you are an owner-occupier, a landlord or a co-owner, this decision has immediate practical implications.

If you are an owner-occupier: Your neighbour installs a camera that films your entrance? He modifies his terrace to encroach on your view? You can sue him directly in court. Concrete example: in Le Pont-de-Claix, an owner built a conservatory without permission, blocking a neighbour's light. The latter was able to obtain its demolition by acting alone, without waiting for the general meeting. Result: time saved (6 months instead of 2 years) and reduced legal costs.

If you are a landlord: Your tenant complains of nuisance caused by another co-owner? You can take legal action to stop the disturbance, even if the landlord is not a member of the co-ownership association. The key is to demonstrate an infringement of your property right (for example, a water leak damaging your ceiling).

If you are a co-owner: Be careful however: individual action is possible, but you must inform the syndic before suing. In practice, send them a registered letter with acknowledgement of receipt. If they do not respond, you can proceed. This information allows the syndic to intervene voluntarily or to coordinate collective action if necessary.

If you are a tenant: You are not a co-owner, so you cannot act alone under Article 15. However, you can turn against your landlord, who must then act against the offending co-owner. Or you can act directly on the basis of neighbourhood disturbance (Article 1240 of the Civil Code).

Four tips to avoid this type of dispute

• Consult the co-ownership rules before any work: even if you think your project only concerns your lot, check whether it affects the common parts or the rights of other co-owners. A window, a conservatory, a change of use may require prior authorisation.
• Inform the syndic in writing of any project: even if the law does not require it for private works, a simple letter to the syndic protects you in case of dispute. They can tell you whether a prior declaration is necessary.
• Attempt mediation or an amicable solution before going to court: a neighbourhood dispute costs on average €3,000 in legal fees and lasts 12 to 18 months. A formal notice letter, a conciliation meeting or mediation can often resolve the problem faster and at lower cost.
• Document the disturbance: photos, videos, witness statements, bailiff's report. These pieces of evidence are essential to demonstrate individual harm. For example, if your neighbour installs a window with a direct view, a bailiff's report (about €200) can be decisive.

Further analysis: related case law and developments

This 1973 decision has been confirmed and refined subsequently. For example, the Court of Cassation ruled in 2012 (Civ. 3e, 20 June 2012, n°11-14.519) that a co-owner can act alone to stop irregular works carried out by another co-owner, even if they affect common parts, as long as they infringe the enjoyment of his lot.

However, be careful: if the disturbance only causes collective harm (for example, damage to the entrance hall), only the co-ownership association can act. The line is sometimes thin. undefined, I have seen cases where a co-owner wanted to sue alone for noise nuisance from a neighbour: the Court of Appeal held that the noise affected the enjoyment of his lot (so individual action was admissible).

The current trend of the courts is rather favourable to individual actions, as they avoid the burden of collective proceedings. But one must always ensure that personal and direct harm is clearly demonstrated.

Key points to remember

• Question: Can I sue a co-owner in court without the syndic's agreement?
  Answer: Yes, if the infringement concerns the enjoyment or ownership of your lot. You must simply inform the syndic before acting (registered letter).
• Question: What should I do if my neighbour installs a window that looks into my home?
  Answer: Gather evidence (photos, bailiff's report), inform the syndic in writing, then sue the neighbour for violation of your right to privacy and disturbance of enjoyment.
• Question: What are the time limits for taking action?
  Answer: Legal action must be brought within 5 years from the date you became aware of the disturbance (general limitation period). But it is better to act quickly: the longer you wait, the more the disturbance becomes established.
• Question: How much does a court action cost?
  Answer: Expect between €2,000 and €5,000 in legal fees for a simple procedure, plus bailiff's fees (€200-400). Mediation costs between €500 and €1,500.
• Question: Can I obtain damages?
  Answer: Yes, if you prove harm (disturbance of enjoyment, invasion of privacy). The amount varies: from a few hundred to several thousand euros depending on the severity and duration.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →