Droit Immobilier

The Request for Inclusion of Questions

📅 Décision du 10 May 2007⚖️ Cour de cassation📖 2 min de lecture

The request for inclusion of supplementary questions on the agenda of a general meeting of co-owners must be sent within six days of receipt of the notice of that meeting, pursuant to Article 10 of the Decree of 17 March 1967, in its version prior to the Decree of 27 May 2004.

Reference decision: cc • No. 05-16.425 • 2007-05-10 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The request for inclusion of supplementary questions on the agenda of a general meeting of co-owners must be sent within six days of receipt of the notice of that meeting, pursuant to Article 10 of the Decree of 17 March 1967, in its version prior to the Decree of 27 May 2004.

What the law states

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation.

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Informations juridiques

  • Numéro: 05-16.425
  • Juridiction: Cour de cassation
  • Date de décision: 10 mai 2007

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Co-owner misses deadline to add protest resolution

In Lyon, a co-owner receives notice of the general meeting on 3 May 2023. They want to challenge the building's service charge allocation and send a request to add this resolution on 12 May. The syndic refuses as the six-day deadline has passed.

Application pratique:

Under this case law, a request to add an item to the meeting agenda must be made within six days of receiving the notice. The co-owner here is too late, so the refusal is legally valid. To avoid this, always note the exact date of receipt and send your request by recorded delivery within the six-day limit. If you miss the deadline, you cannot force inclusion and may waste time and money on a failed challenge.

2

Landlord quickly adds works authorisation to agenda

A Paris landlord who lets a flat in a co-ownership receives the AGM notice on 1 June 2023. They want approval for common area works that will affect the rental. They send their request on 5 June, within the six-day window, and the item is added.

Application pratique:

Because the landlord acted promptly and complied with the six-day rule confirmed by this decision, their resolution was validly included. This allowed the works to be debated and approved, avoiding later disputes. To replicate this success, always check the date you received the meeting notice and send your agenda request by recorded delivery within six days. Quick action safeguards your interests and keeps your rental plans on track.

3

First-time buyer late to add urgent leak repair

A first-time buyer in Marseille purchases a flat and receives notice of the building's AGM on 10 April 2023. Unfamiliar with co-ownership rules, they wait until 18 April to ask the syndic to add a resolution for fixing a leaking pipe affecting their property. The request is refused as it exceeds the six-day limit.

Application pratique:

New co-owners often overlook the strict six-day deadline for agenda additions established by this case law. Missing it means the issue cannot be raised at that meeting, potentially delaying urgent repairs. To prevent this, always read the AGM notice immediately and contact the syndic within the first week if you need an item added. Use recorded delivery for proof, and seek early legal advice if unsure about procedure.

Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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