Does not put the Court of Cassation in

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Does not enable the Court of Cassation to exercise its review and violates paragraph 1 and paragraph 3 of Article 32 of the Law of 9 July 1991, the Court of Appeal which, in ordering co-owners to pay a certain sum in respect of arrears of service charges, holds that the costs incurred in proceedings for unpaid charges are payable by the defaulting co-owners under a clause of the co-ownership regulations without specifying whether the reminder and litigation costs provided for in the clause were enforcement or recovery costs.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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