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When a property comprises several

Reference decision: cc • N° 76-11.544 • 1977-05-16 • View the decision →

This decision provides important insight into your property rights. Here is what it means for you.

The situation

When a property comprises several buildings, the co-owners whose units make up one of these buildings may form a so-called secondary owners' association and delegate their voting rights at the general meeting of the principal owners' association to a proxy; no provision prohibits the co-ownership rules, which are binding on all co-owners, from setting out the terms of such delegation. Thus, the rules may stipulate that the general meeting is composed of the chairmen of the secondary owners' associations.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Strictly observe the statutory time limits for appeals
Keep all your supporting documents (title deeds, instruments, correspondence)
Anticipate: preventive advice is always cheaper 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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Cas d'usage pratiques

Dispute over voting rights in a multi-building co-ownership

You own a flat in a 20-unit building within a coastal development in Biarritz comprising three residential blocks. The co-ownership rules appoint the chairmen of each building's secondary association to vote at the principal general meeting. You disagree with your chairman's proxy vote on a €50,000 roof repair, but he cast it despite your objection.

Application pratique:

The case law confirms that co-ownership rules can validly stipulate that the general meeting is composed of chairmen of secondary associations. Your disagreement does not override the agreed rules; you must follow internal association procedures to replace the chairman or amend the rules. Review your co-ownership regulations and consider calling a meeting of your secondary association to instruct the chairman.

Streamlining voting through secondary association delegation

You are a landlord owning four flats across two different buildings in a large co-ownership in Lyon with six buildings in total. You want to propose a €30,000 lift modernisation but find it cumbersome to coordinate votes from each lot. The co-ownership rules currently do not provide for secondary associations.

Application pratique:

Drawing on this decision, you can advocate for amending the co-ownership rules to establish secondary associations per building, with each chairman voting at the principal AGM. This would simplify decision-making by consolidating votes per building. Propose an extraordinary general meeting to vote on the amendment; you'll need a majority of all co-owners under Article 26 of the 1965 Act. Consult a lawyer to draft the amendment clause.

First-time buyer understanding strategic decision-making

You are purchasing a studio in a 30-unit building that is part of a mixed-use complex in Bordeaux with three separate buildings. The estate agent mentions a 'secondary syndicate' but you are unclear how it affects your voting rights on major works like a €100,000 façade renovation affecting all buildings.

Application pratique:

Under French law confirmed by this case, if your building's co-owners have formed a secondary association, you will vote collectively via a delegated chairman at the principal owners' meeting. This means you won't cast an individual vote on façade works; instead, your building's association decides internally and the chairman carries that decision. Before buying, request the co-ownership rules and minutes of both secondary and principal associations to understand your influence on spending and governance.

When a property comprises several

The situation

What the law says

Key points

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Dispute over voting rights in a multi-building co-ownership

Streamlining voting through secondary association delegation

First-time buyer understanding strategic decision-making

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Maître Zakine, Doctor of Law