Property dispute: understanding your rights and remedies

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

The situation

DECISIONS AMENDING THE CO-OWNERSHIP REGULATIONS, INSOFAR AS THEY CONCERN THE ENJOYMENT, USE AND ADMINISTRATION OF THE COMMON PARTS, MUST BE TAKEN BY THE GENERAL MEETING, BY A MAJORITY OF THE MEMBERS OF THE CO-OWNERS' ASSOCIATION REPRESENTING AT LEAST THREE-QUARTERS OF THE VOTES, ON A QUESTION SPECIFIED IN THE AGENDA WHICH MUST BE NOTIFIED, EXCEPT IN AN EMERGENCY, AT LEAST FIFTEEN DAYS BEFORE THE DATE OF THE MEETING, UNLESS THE REGULATIONS HAVE PROVIDED FOR A LONGER PERIOD. AUTHORISATIONS GRANTED IN WRITING, OUTSIDE ANY GENERAL MEETING BY THE CO-OWNERS TO ONE OF THEM TO PLACE ON THE BUILDING AN ADVERTISING SIGN, PROHIBITED BY THE CO-OWNERSHIP REGULATIONS, CANNOT BE UPHELD.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

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