Trustee without authorisation: time-barred legal action cannot be regularised

Imagine the scene: in Falaise, in a quiet condominium, the trustee brings legal proceedings against a former trustee over disputed accounts. The general meeting never voted on this action. The trustee thinks: "we'll regularise it later." But time passes, and the deadline to act (the limitation period) expires. Too late, says the French Supreme Court. A harsh lesson for trustees and co-owners: without prior authorisation, the action is dead.

The facts: a story that happens every day

Mr. X, a co-owner in Falaise, is a member of a co-owners' association. His trustee, in place for several years, discovers that the former trustee made errors in managing service charges. To obtain redress, the current trustee sues the former trustee. Problem: the general meeting never authorised this action. When the court examines the case, the trustee produces a resolution of the general meeting taken after the start of proceedings, but the limitation period for the action had already expired. The court of Caen, then the court of appeal, dismiss the claim. The association appeals to the French Supreme Court, but the Court confirms: authorisation given after the limitation period cannot save the action.

The reasoning of the court — explained

The French Supreme Court relies on Article 55 of the Decree of 17 March 1967 (relating to co-ownership) and on the general principle of limitation (Article 2224 of the Civil Code: personal actions are time-barred after five years). In short, the trustee must be authorised by the general meeting before bringing proceedings. If this authorisation occurs after the expiry of the limitation period, the action is definitively extinguished. The judges specify that regularisation cannot retroact beyond the limitation period. In other words, a belated authorisation does not revive an extinguished right. This is a confirmation of constant case law: the nullity for lack of authority is cured if the authorisation is given before the end of the period, but not after.

What this means for you — concretely

For co-owners: if your trustee brings an action without a prior vote, you must react quickly. The limitation period runs from the harmful event. Example: in Mondeville, a co-owner discovers in 2023 that his trustee mismanaged funds in 2018. If the general meeting only authorises the action in 2024, the five-year period has already passed? The action is lost. For trustees: never neglect the general meeting stage. A simple resolution voted in time can change everything. For buyers: check the minutes of meetings before buying a unit. If legal actions are pending without authorisation, you risk paying charges for nothing.

Four tips to avoid this type of dispute

• Anticipate votes: at each general meeting, have a general authorisation placed on the agenda for the trustee to take legal action for any dispute under €5,000.
• Respect deadlines: as soon as a problem is identified, call an extraordinary meeting. Do not let the limitation period run out.
• Document everything: keep minutes and correspondence. In case of dispute, proof of authorisation must be provided.
• Consult a lawyer: before taking legal action, have the validity of the trustee's powers checked.

Further reading: related case law and developments

The decision of 13 January 2010 is part of a consistent line. Already, in a judgment of 8 July 2004 (No. 02-20.920), the French Supreme Court had held that authorisation given after the claim regularises the proceedings, provided that the limitation period has not expired. More recently, a judgment of 4 July 2019 (No. 18-16.553) specified that the trustee must be authorised for each action, even if a general authorisation exists. The trend is clear: the courts are strict on form. In the future, trustees will have to be more rigorous, on pain of having their actions dismissed.

Frequently asked questions

• Can the trustee take legal action without authorisation in an emergency? No, even in an emergency, he must obtain authorisation from the general meeting or, failing that, an order from the president of the court.
• What if authorisation is given after the limitation period? The action is definitively lost. You can, however, bring an action for liability against the trustee for negligence.
• What is the limitation period for an action against the former trustee? Five years from the discovery of the facts (Article 2224 of the Civil Code).
• Is a general authorisation given at the meeting sufficient? Yes, if it is specific and covers the type of dispute. For example: "authorisation to take action against any debtor for recovery of unpaid service charges."
• Can I challenge an action brought without authorisation? Yes, by raising the inadmissibility of the claim for lack of standing of the trustee.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →