Without prejudice to the possibility of referring the matter

Reference decision: Court of Cassation • No. 21-15.923 • 2022-04-13 • View the decision →

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

The situation

Without prejudice to the possibility of referring the matter to the president of the judicial court (tribunal judiciaire) to terminate or modify his mission, co-owners may not challenge the decisions taken by the provisional administrator who, appointed pursuant to Article 29-1 of Law No. 66-557 of 10 July 1965, has received all the powers normally vested in the general meeting, except those which the law prohibits the judge from giving him. Consequently, a court of appeal, seized of an action for recovery of charges, correctly infers that a co-owner is not entitled to contest the decisions of the provisional administrator approving the accounts and the provisional budgets.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Scrupulously respect the statutory time limits for appeal
Keep all your supporting documents (title deeds, instruments, correspondence)
Anticipate: preventive advice always costs less than litigation

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Cas d'usage pratiques

Landlord disputes charges decided by court-appointed administrator

A landlord in Lyon receives a €4,200 annual charge notice for a rental flat, approved by a provisional administrator appointed due to co-owner deadlock. They believe the administrator’s budget is excessive and refuse to pay, soon facing a recovery lawsuit from the co-ownership association.

Application pratique:

This case law confirms that the administrator’s decisions carry the same authority as a general meeting vote. The landlord cannot simply withhold payment on grounds of disagreement. To challenge the charges, they must file a request with the president of the judicial court to review or modify the administrator’s mission — while paying the demanded sum to avoid late fees and legal costs.

First-time buyer hit with unexpected co-ownership charges after purchase

A young couple buys a 50 m² flat in Bordeaux for €220,000. Two months later, they learn the building is under provisional administration; the administrator has retrospectively approved accounts with a €2,500 deficit per unit. The buyers, short on savings, consider not paying.

Application pratique:

Under the Cassation ruling, the administrator’s approval of the accounts is as binding as if voted in a general meeting. The new owners must pay the charge or risk enforcement action. Their recourse is to apply to the president of the judicial court to alter or end the administrator’s mandate if they can show a serious breach, but payment remains due in the meantime.

Co-owner objects to €8,000 special levy decided by provisional administrator

In a Nice co-ownership, conflict over façade renovation led the court to appoint an administrator with full powers. The administrator imposes an €8,000 per-unit special assessment for urgent works. One elderly co-owner claims the project is overpriced and refuses to contribute.

Application pratique:

This decision means the co-owner cannot simply ignore the levy — it has the same force as a general meeting resolution. They must pay to avoid litigation while urgently petitioning the president of the judicial court to terminate or adjust the administrator’s mission, presenting evidence of mismanagement. Without this legal step, any refusal to pay will be rejected by the courts.

Without prejudice to the possibility of referring the matter

The situation

What the law says

Key points to remember

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Landlord disputes charges decided by court-appointed administrator

First-time buyer hit with unexpected co-ownership charges after purchase

Co-owner objects to €8,000 special levy decided by provisional administrator

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Maître Zakine, Doctor of Law