Action by a Co-ownership Association

Application pratique:

Under this case law, actions to enforce co-ownership regulations are subject to a 10-year limitation period, not the standard 30-year period for property rights. Since the installation occurred only 9 years ago, the syndicat can still legally compel removal. The co-owner should promptly request retroactive authorisation from the syndicat général or negotiate a settlement, as failing to act could lead to costly litigation and a court order for removal at their own expense.

Application pratique:

The Court of Cassation decision confirms that syndicats can enforce removal of unauthorised works on common parts under the 10-year prescription. With only 2 years left before the limitation period expires (assuming the syndicat knew from installation), the buyer faces a real risk of being forced to remove the window and restore the roof. To protect themselves, the buyer must demand that the seller obtain a formal ratifying vote from the syndicat before completion, or negotiate a significant price reduction to cover future removal and repair costs.

Application pratique:

Because the syndicat’s enforcement action targets the flat owner and is based on the règlement de copropriété, the 10-year limitation period means the syndicat is well within time to demand removal. The landlord must immediately remove the dish and repair any damage; delaying could result in a court order and additional legal costs. To prevent recurrence, future leases should explicitly forbid any alteration to common parts and state that the tenant bears all costs of unauthorised modifications.