When a works authorisation decision

Application pratique:

The Court of Cassation ruled that when works affect both general and special common parts, the decision must be taken by the general meeting of the general common parts’ co-owners. Since the intercom system includes special common parts (the stairwell), the vote must explicitly include the co-owners of those areas. The current decision is voidable; the syndic should call a new general meeting with proper agenda and majority rules. Affected co-owners can challenge the resolution within two months.

Application pratique:

According to the legal principle, since the works encompass both general common parts (facade) and special common parts (balconies), the authorisation must come from the general meeting of all co-owners. The decision by only the balcony owners is invalid. The syndic must convene a full general meeting, include the item on the agenda with detailed cost breakdown, and obtain approval by the appropriate majority. Any interested party should ensure the minutes of the initial meeting are annulled if necessary.

Application pratique:

The Court of Cassation clarifies that when a works authorisation relates to both general and special common parts, the decision must be adopted by the general meeting of co-owners of the general common parts. Here, the lift replacement involves both types; thus, the general meeting's vote is valid. The commercial co-owners' objection about the basement being special does not invalidate the process because the general meeting is the appropriate body. To avoid disputes, the syndic should clearly define the common parts in the meeting notice and ensure all affected parties are convened.