Breach of equality between co-owners

Application pratique:

This case law confirms that such an allocation breaches the principle of equality in the enjoyment of common parts, even if the criteria were objective. The affected co-owners should challenge the resolution within two months of receiving the meeting minutes by taking legal action in the judicial court (tribunal judiciaire). Gather evidence (title deeds, meeting minutes) and seek a ruling to annul the allocation or order compensation, such as a financial sum offsetting the loss of amenity (e.g., €100 per month per deprived co-owner).

Application pratique:

According to the ruling, simply offering a fee may not suffice if it creates inequality. The landlord should ensure the proposed scheme provides fair compensation to all co-owners who lose the opportunity to use those spaces—for instance, by having the fees credibly offset common charges for everyone or by obtaining unanimous consent in the general meeting. A better approach is to seek a formal amendment to the co-ownership regulations with clear compensation mechanisms, and get legal advice to avoid future challenges.

Application pratique:

The case law indicates that such a grant could be invalid if it disadvantaged others without compensation. Before purchasing, the buyer should request the minutes of that meeting and any related agreements. If the grant appears irregular, they should require the seller to obtain a subsequent, properly compensated resolution or to reduce the price to cover the risk of losing the parking space. Consulting a property lawyer (avocat) for a review of the co-ownership documents is strongly advisable.