New Bye-Laws Adopted at General Meeting: Binding on All, Even Without Registration?

Imagine the scene: in Gemenos, in a peaceful residence, Mrs D. receives a letter from the managing agent informing her that the general meeting (AG) has adopted new bye-laws (règlement de copropriété). She did not vote against, but did not challenge the decision within two months. Today, she can no longer rent her flat to tourists, because the new bye-laws prohibit short-term lettings. Furious, she wonders: are these bye-laws binding on her, even if she was not personally informed? And what about her tenant, Mr T., who signed a lease before the adoption of the new text? This decision of the French Supreme Court of 23 June 1976 provides a clear answer: new bye-laws, duly adopted, are binding on all co-owners, without the need for registration as far as they are concerned. But beware: for third parties (purchasers, tenants), registration is essential. In short, if you are a co-owner, you must react quickly after a general meeting. Let's break it down.

The Facts: A Story That Happens Every Day

In this case, a building held in co-ownership within the jurisdiction of the Aix-en-Provence Court of Appeal had established bye-laws in 1956. In March 1972, the general meeting of co-owners passed a resolution to adopt new bye-laws. The owner of a five-room apartment, who let each room separately to students, opposed this new text which restricted lettings. He challenged the decision, but too late: the action for nullity was time-barred because he did not act within the two-month period provided by Article 42 of the Law of 10 July 1965. The question then arose: are these new bye-laws binding on this owner, despite the lack of registration? The Court of Appeal held that they were, and the French Supreme Court confirmed. In other words, the general meeting had the power to amend the bye-laws, and the dissenting co-owner could no longer go back. The appeal dismissed the argument that the new bye-laws never came into effect for lack of registration. The judges recalled that registration is only necessary to make the bye-laws binding on successors in title by particular title, such as tenants or purchasers.

The Reasoning of the Court — Analysed

The French Supreme Court relied on Article 42 of the Law of 10 July 1965, which sets a two-month period to challenge general meeting decisions, on pain of forfeiture (loss of the right to act). This text is fundamental: it guarantees legal certainty for collective decisions. In this case, the co-owner had not acted within this period, so the decision was binding on him. But the Court went further: it specified that registration of the bye-laws at the Land Registry (formerly the Mortgage Registry, now the Land Publicity Service) is not a condition of its enforceability between co-owners. Indeed, the bye-laws are a document governing relations between co-owners, and their adoption at a general meeting amounts to acceptance by all, even absentees or opponents, unless challenged within the time limit. What few people know is that registration only serves to inform third parties, particularly future purchasers or tenants. For them, the bye-laws are only binding if they have been registered. The Court thus distinguishes two situations: co-owners, bound by the majority vote, and third parties, who must be able to consult the registered bye-laws. This decision confirms settled case law: the general meeting is sovereign, and amended bye-laws apply immediately between co-owners. However, note that if the amendment affects the use of the building or common parts, it may require unanimity. But that was not the case here.

What This Means for You — Practically

For co-owners: if a general meeting adopts new bye-laws, you must challenge them within two months, otherwise they will be binding on you, even if you disagreed. Example: in Septèmes-les-Vallons, a co-owner who did not vote against a ban on pets must comply, even if he had a dog before. For purchasers: before buying, check that the bye-laws have been registered. If not, you may not be bound by certain clauses. But beware, registration is often done late. undefined, I have come across cases where purchasers were surprised by unregistered restrictions: they were able to challenge them. For tenants: the bye-laws are only binding on you if they have been registered AND the lease mentions them. Otherwise, you can ignore certain clauses. Example: a tenant in Gemenos rents a studio with a clause banning pets, but the bye-laws are not registered: he can have a cat without fear. For managing agents: ensure that any new bye-laws are registered within two months of the general meeting, otherwise they will be unenforceable against third parties. Cost: approximately €150. Registration deadline: 2 months after the general meeting.

Four Tips to Avoid This Type of Dispute

• Keep the minutes of general meetings carefully. In case of a challenge, you must prove that you received the notification within the time limits. Also keep proof of dispatch.
• Challenge any decision that you consider illegal promptly. The two-month period is mandatory. Do not rely on a possible informal appeal: issue a claim before the judicial court.
• Demand registration of any new bye-laws. If you are a managing agent, have the bye-laws registered within two months. If you are a co-owner, check that it has been done.
• Before buying or renting, ask for the up-to-date bye-laws and verify their registration. You can consult the Land Publicity Service or ask the managing agent for a certificate of registration.

Further Reading: Related Case Law and Developments

The French Supreme Court reaffirmed this principle in a later decision (Civ. 3e, 19 December 1990, No. 89-13.685), specifying that the new bye-laws apply even if the old ones were not formalised in writing. More recently, the ALUR Law of 2014 strengthened registration obligations: any amended bye-laws must be registered, on pain of unenforceability against purchasers. The trend of the courts is to protect third parties (purchasers, tenants) by requiring registration, while maintaining the strictness of the challenge period for co-owners. In practice, judges are strict: if you have not challenged within two months, you can no longer do anything, except in cases of procedural defect (e.g., failure to convene).

Checklist Before Acting

FAQ:

• Can I challenge bye-laws adopted a year ago? No, the two-month period has expired, unless you can prove a lack of information.
• What if I am a tenant and the bye-laws prohibit smoking? Check whether the bye-laws have been registered. If not, the prohibition is not binding on you.
• What is the cost of a challenge? Issuing a claim in court costs between €150 and €300 in fees, plus lawyer's fees (about €1,500 for a simple procedure). But a preliminary 30-minute consultation at €45 can avoid costs.
• Can the managing agent amend the bye-laws without a general meeting? No, only the general meeting can amend the bye-laws, by simple or qualified majority depending on the clause.
• How do I know if bye-laws have been registered? Request an extract from the Land Publicity Service (cost: €12) or from the managing agent.

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