Reference decision: cc • N° 07-17.039 • 2008-09-24 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
A court of appeal cannot require a unanimous vote of the co-owners to remove the caretaker's position pursuant to the provisions of Article 26, paragraph 2, of the Law of 10 July 1965, after finding that the co-ownership regulations do not impose the existence of a caretaker but merely make it possible, leaving it to the discretion of the owners' association.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for bringing a claim.
- Keep all your supporting documents (title deeds, deeds, correspondence).
- Plan ahead: preventive advice always costs less than litigation.
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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