Judgment Declaring Co-owner's Action Time-Barred Must Be Quashed

Application pratique:

This apportionment ignores utility, contrary to Article 10 of the 1965 law. The 2000 Court of Cassation ruling confirms that such clauses are deemed unwritten, meaning the usual two-month challenge period does not apply. You can demand the owners' association recalculate charges exclusively among the benefiting units, and seek reimbursement of overpayments going back up to five years.

Application pratique:

Despite the passage of time, you can challenge the co-ownership resolution that imposed these charges. The decision establishes that any charge allocation contrary to legal criteria is null and void with no limitation period. Write to the syndic requesting immediate correction and credit for past overcharges, which you can then refund to your tenant or adjust in future rent.

Application pratique:

This case law protects you: if you purchase, you can immediately ask the co-ownership syndic to correct the unlawful charge allocation, because clauses violating Article 10 are deemed unwritten and can be challenged at any time. Before signing, request an extraordinary general meeting to regularise the charges, or negotiate a price reduction to account for the risk of future legal action.