Claims by a co-owner against an owners' association for reimbursement of unduly paid service charges do not aim to challenge general meeting decisions.

This decision sheds important light on your property rights. Here is what it means for you.

The situation

Claims brought by a co-owner against an owners' association for reimbursement of unduly paid service charges do not aim to challenge general meeting decisions. Therefore, the Court of Appeal violates Article 42 of the Law of 10 July 1965 if, in declaring such claims inadmissible as out of time, it holds that the general meetings in which this co-owner regularly participated concerned the co-ownership to which he belonged and that the adopted resolutions, not challenged within two months of their notification and having become final, are binding on the co-owners.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly adhere to legal time limits for bringing claims
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30 min consultation at €45 with Maître Zakine.