Secondary Section of a Co-Ownership: No Right to Act for General Interests

Picture the scene: in Paris, in the 16th arrondissement, a high-end residence comprising several buildings. Building A, called "Edinburgh", has its own co-owners, gathered in a secondary section. One day, the initial developer modifies a planning permission that affects the allocation of tantièmes (share of common parts) of the entire co-ownership. The secondary section of the Edinburgh building decides to challenge this decision in court. But does it have the right to do so?

The question that every owner in a multi-building co-ownership asks: who can defend what? Can a secondary section (group of co-owners of a single building) act alone to contest a decision that concerns the entire residence? The Court of Cassation, in its judgment of 14 December 1982, answers clearly: no, the purpose of the secondary section is limited to the management, maintenance and internal improvement of its buildings. It cannot substitute for the principal section.

This decision, although dating from 1982, remains relevant and reminds us of a fundamental principle of co-ownership law: the division of powers between the principal section and secondary sections. For co-owners, this is a lesson in pragmatism: not to confuse particular and collective interests.

The facts: a story that happens every day

In 1966, a company obtained a planning permission for a co-ownership property in Paris. This permission notably determined the co-ownership tantièmes (percentage of common parts) allocated to each unit of the buildings. The co-ownership regulations (the document that organises the life of the co-ownership) provided for the creation of several secondary sections, including that of the Edinburgh building.

A few years later, a dispute arose: the land on which the Edinburgh building was to be erected was affected by a modification of the planning permission. The secondary section of the Edinburgh building, represented by its managing agent, sued the developer to have this modification annulled, arguing that it harmed the interests of its members.

The Tribunal de grande instance of Paris, then the Paris Court of Appeal, dismissed the secondary section. Reason: its corporate object, defined by the co-ownership regulations, did not allow it to act for the defence of the interests of the entire co-ownership. The secondary section appealed to the Court of Cassation, arguing that the co-ownership regulations gave it competence for everything concerning the Edinburgh building, including the land reserved for it.

The Court of Cassation dismissed the appeal. It confirmed that the secondary section only has standing to act within the limits of its mission: management, maintenance and internal improvement of its buildings. The disputed land, although allocated to the Edinburgh building, was part of the land base of the entire co-ownership. The modification of the planning permission therefore affected the general organisation of the co-ownership, falling within the competence of the principal section.

The reasoning of the court — dissected

The Court of Cassation relies on Article 17 of the Law of 10 July 1965 (law setting the status of co-ownership of built buildings) and on the provisions of the co-ownership regulations. Article 17 provides that the principal section is responsible for the preservation of the building and the administration of the common parts. Secondary sections, on the other hand, can only be created for the management, maintenance and improvement of the buildings or groups of buildings they comprise.

In clear terms, the legislator intended a clear hierarchy: the principal section is the representative of all co-owners for everything concerning the co-ownership as a whole. Secondary sections are local emanations, competent only for internal affairs of their building. In other words, they cannot take legal action on matters that affect the rights of all co-owners, such as the allocation of tantièmes or the modification of the planning permission.

However, be careful: this limitation does not mean that secondary sections are devoid of any power. They can perfectly sue for problems specific to their building: defects in private parts, lack of maintenance of secondary common parts (staircases, lift specific to the building), etc. But as soon as the matter goes beyond the scope of the building, it falls under the principal section.

What few people know is that the Court of Cassation here follows a strict interpretation of the texts. It refuses to extend the capacity to act of secondary sections, even when the co-ownership regulations seem to give them broad competence. In this case, the co-ownership regulations mentioned the land reserved for the Edinburgh building, but the Court held that this land was part of the common base of the co-ownership. The secondary section could therefore not act alone.

undefined, I have come across cases where secondary sections tried to contest decisions of the general meeting of the principal section, such as the vote on the budget or the choice of managing agent. This is inadmissible, because these decisions bind all co-owners. Only the principal section has standing to contest them.

What this changes for you — concretely

For co-owners of a multi-building property, this decision has important practical implications.

If you are a co-owner of a building with a secondary section, you must know that this section cannot act alone to defend interests common to the entire co-ownership. For example, if the developer modifies the planning permission affecting everyone's tantièmes, it is the principal section that must act. In Bobigny, in a residence of 200 units spread over 4 buildings, a secondary section wanted to contest a modified planning permission granted to a neighbour. The Paris Court of Appeal, on the basis of the 1982 judgment, declared it inadmissible. Result: months of procedure wasted and legal costs borne by the secondary section.

If you are a member of the council of co-owners (conseil syndical), check the distribution of competences in the co-ownership regulations. Do not let a secondary section act alone on a matter that goes beyond its scope. You risk a strike-out (rejection of the action without examination on the merits) and damages for abusive proceedings.

If you are a developer or builder, this decision protects you against scattered actions. You will only be sued by the principal section, which simplifies the management of disputes. On the other hand, be careful to respect the prerogatives of each section.

For tenants, the decision has less direct impact, but know that legal actions concerning general common parts (roof, foundations, entrance hall) fall under the principal section, not the secondary section of your building.

Four tips to avoid this type of dispute

• Consult the co-ownership regulations from the start: before taking action, read carefully the clauses defining the powers of the secondary section. If the regulations are unclear, seek an interpretation from a lawyer specialised in property law.
• Do not confuse collective interest and particular interest: if the dispute concerns general common parts (land, main structure, common equipment), address the principal section. For secondary common parts (staircase, lift specific to a building), the secondary section can act.
• Have a delegation of power voted at a general meeting: if the secondary section believes it must act for a common interest, it can ask the general meeting of the principal section to expressly authorise it. This avoids inadmissibility.
• If in doubt, seek legal advice before acting: a 30-minute consultation with a lawyer can save you unnecessary procedural costs. In Paris, fees for a consultation range from €150 to €300 incl. VAT, much less than an inadmissible action.

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Further reading: related case law and developments

The 1982 judgment is part of consistent case law. The Court of Cassation has had occasion to reiterate this principle on several occasions. For example, in a judgment of 28 June 1995 (No. 93-15.432), it held that a secondary section cannot contest a decision of the general meeting of the principal section relating to the allocation of general charges. Similarly, in a judgment of 12 January 2011 (No. 09-71.489), it specified that the secondary section has no standing to seek annulment of a management contract signed by the principal section.

The trend is therefore clear: judges interpret the competences of secondary sections strictly. This responds to a concern for legal certainty: to prevent important decisions for the entire co-ownership from being challenged by isolated actions. For the future, it can be expected that this case law will be maintained, barring legislative change. The draft reform of co-ownership, discussed in Parliament, did not modify this point.

Checklist before acting

What to check before a secondary section takes legal action:

1. What is the subject of the dispute? Does it concern exclusively the building of the secondary section (e.g., waterproofing defect of the roof of that building) or the entire co-ownership (e.g., modification of the planning permission)?
2. Do the co-ownership regulations authorise the secondary section to act? Some regulations extend the powers of secondary sections, but this remains rare. If in doubt, consult a lawyer.
3. Has the principal section been informed? Even if the secondary section is competent, it is prudent to inform the principal section to avoid conflicts.
4. Is an authorisation from the general meeting of the principal section necessary? If the dispute touches on common interests, have a delegation of power voted.
5. What are the financial risks? In case of inadmissibility, the secondary section may be ordered to pay costs (legal costs) and damages for abusive proceedings. In Paris, lawyer's fees for an interim application can reach €2,000 to €5,000.

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