The action seeking to have the

Application pratique:

Before seeking a court order, Marie must ensure the syndicate of co-owners (the legal body representing all owners) is formally involved in the proceedings. This means she must either name the syndicate as a co-defendant or ensure it is heard by the judge. Without this, her claim will be declared inadmissible. Practically, she should send a registered letter to the syndicate (care of the managing agent) outlining her intention and invite them to an amicable discussion, then include them in any legal action as required.

Application pratique:

Alain's court action will be rejected unless the syndicate of co-owners is joined or heard. He must formally involve the syndicate, typically by naming the syndic (the managing agent representing the syndicate) as a party in the proceedings. He should first check the co-ownership's decision-making records and communicate with the syndic to see if the clause can be amended amicably. If litigation is unavoidable, his lawyer must draft the claim so the syndicate is a proper party, otherwise the case will be stopped at the initial stage.

Application pratique:

Camille cannot simply ask the court to annul the clause without involving the syndicate of co-owners. She must ensure the syndicate (via its syndic) is either a defendant or at least given the opportunity to present its views to the judge. As a first step, she should contact the syndic to explain her situation and request that the clause be amended before resorting to litigation. If a lawsuit is filed, her claim will only be admissible if the syndicate is properly joined or heard.