Subject to cassation is the judgment which, in order to

Application pratique:

The Court of Cassation (28 June 1995) ruled that for significant changes like modifying co-ownership regulations or charge allocations, the managing agent must notify co-owners of the draft resolutions before or with the agenda. Sophie can challenge the decision by filing an annulment action within two months of receiving the minutes, citing this case law. She should gather evidence (agenda, minutes, and any correspondence) and contact a solicitor promptly to assess her chances.

Application pratique:

The 1995 ruling emphasises that even if a change is presented as an 'adaptation', the co-owners must receive the full draft resolutions (including withdrawal terms, new regulations, and updated charge statements) no later than with the agenda—typically at least 21 days before the meeting. You must send these documents by recorded delivery to every co-owner and retain proof of dispatch to protect against future annulment claims. Failure to do so renders the decisions voidable.

Application pratique:

Under the 28 June 1995 Cassation decision, such a restructuring requires prior notification of draft resolutions to all co-owners. Marc should request the notice of meeting and the accompanying documents (draft resolutions, new service charge apportionments) from the seller or managing agent. If there is no proof of timely delivery, the decisions may be annullable, exposing Marc to future disputes or unexpected costs. He should insert a suspensive clause in the sale contract making the purchase conditional on receiving evidence of proper procedure, and consult a solicitor before signing.