Any interested co-owner may, at

Application pratique:

The Cour de cassation ruling of 12 June 1991 establishes that no limitation period applies to actions contesting non-compliant co-ownership regulations. Even though more than ten years have passed, you can demand an immediate correction of the charge apportionment. First, formally request that the syndic recalculate charges according to legal criteria; if refused, instruct a solicitor to initiate proceedings before the judicial court. Gather all historical charge statements and the original co-ownership regulation as evidence.

Application pratique:

Under the 1991 precedent, you are not barred by any time limit from seeking judicial annulment of these non-compliant voting allocations. Start by raising the point at the next AGM to have the co-ownership regulation amended; if the majority refuses, you can bring the matter to court at any time. Keep the meeting minutes and a copy of the regulation; a property lawyer can help you file an action to have the voting scheme declared void and replaced by lawful provisions.

Application pratique:

The ruling from 12 June 1991 explicitly removes any ten-year limitation for actions concerning the legality of co-ownership clauses. Therefore, you can demand a new charge apportionment consistent with the law, even now. Send a formal letter to the syndic citing this case law and requesting a correction; if ignored, apply to the tribunal judiciaire for a declaration that the current clause is void and for a judicial recalculation of your share. No time bar protects the illegal clause.