In Light of a Decision of the General Meeting

Application pratique:

This case law confirms that under Article 28 of the French Law of 10 July 1965, dividing unbuilt lots already owned by members of the co-ownership association is not a disposal of common property. Therefore, the decision only requires the majority specified in Article 25 (a majority of all co-owners representing at least half of the voting rights). You should request a general meeting vote under that lower threshold, citing this precedent to overcome resistance and proceed with your project.

Application pratique:

Because the commercial lots are already your private property, their separation under Article 28 of the 1965 Law constitutes a division rather than an alienation. The Court of Cassation confirmed that only an Article 25 majority is needed (majority of all co-owners and at least half the voting rights). You can compel the syndicate to call a vote on this basis, using the decision to argue against the demand for unanimity and enabling the split to proceed.

Application pratique:

The ruling clarifies that such a division, when the lots are already owned by the developer (a member of the original co-ownership), requires only an Article 25 majority (majority of all co-owners representing at least half the votes). As a new co-owner, you can request full disclosure of the financial impacts before the vote, and if the majority threshold is met without your agreement, you may still challenge the decision on grounds of abuse of majority if it unfairly shifts costs to remaining co-owners.