Is deemed unwritten, pursuant to

Application pratique:

The 2002 Court of Cassation ruling (n° 01-12.269) deems any such clause unwritten, because Article 21 of the 1965 law allows any co-owner to be appointed to the council regardless of payment status. You should insist in writing that your candidacy be accepted, citing this case law. If the manager or other owners object, you can challenge the refusal before the tribunal judiciaire (French civil court). Keep a copy of the regulation and your correspondence.

Application pratique:

This clause is unwritten under the Court of Cassation decision of 18 December 2002 (n° 01-12.269): any co-owner, regardless of financial situation, may be elected to the syndicate council because Article 21 of the 1965 law is mandatory. You should send a formal recorded delivery letter (lettre recommandée) to the syndic quoting the case and demanding that your name be put forward for election. If the general meeting votes to exclude you, the decision can be annulled in court within two months. Do not let the unpaid charges prevent you from exercising your statutory right.

Application pratique:

This condition is unenforceable: the Court of Cassation (n° 01-12.269, 18 December 2002) ruled that such clauses are deemed unwritten because Article 21 of the 1965 law gives every co-owner the right to be elected to the council. You can immediately put yourself forward as a candidate at the next annual general meeting. If challenged, cite the case and remind the syndic that the clause has no legal effect. You do not need to wait two years or prove any payment history.