When a clause of a regulation of

Application pratique:

Because the original clause was deemed not written, any amendment can only apply prospectively—from the date of the court decision or general meeting vote. Mme Martin cannot recover past overpayments, as the new apportionment is not retroactive. She should verify the new method is correctly implemented and focus on future charges. If she believes the syndic (property manager) mismanaged the regulation, she may consider a separate action for damages, but this case law blocks retrospective correction.

Application pratique:

Under this case law, if the equal-share clause is later struck down, any corrected apportionment would only operate from the decision date, with no backdating. This means Sophie could be stuck paying evenly until a correction is voted or ordered. Before buying, she should ask the syndic for a risk analysis and push the co-owners to amend the règlement voluntarily at the next AGM. Getting a proactive fix now avoids future disputes and ensures fair charges from her move-in date.

Application pratique:

The decision confirms that a new apportionment takes effect only from the decision ordering it, so M. Dupont cannot retroactively bill the tenant at the higher rate. For the period before the amendment, the old (albeit invalid) apportionment governed recoverable charges. He should ensure future leases clearly reference the règlement in force and consider an escalation clause for potential reapportionments. Past shortfalls remain his loss unless he can prove separate liability, as retroactive correction is barred.