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A co-owner is not entitled to

Reference decision: cc • N° 74-12.541 • 1976-01-07 • Consult the decision →

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

A co-owner is not entitled to criticise the trial judges for having made binding upon him the modification of the apportionment of common charges provided for by the co-ownership rules, since, even though the decision of the general meeting which effected the modification was not taken unanimously, the judgment notes that the opposing co-owner did not challenge this resolution in court within the two-month period laid down by Article 42 of the law of 10 July 1965.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Strictly observe the statutory time limits for bringing an action
Keep all your supporting documents (title deeds, instruments, correspondence)
Be proactive: 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

Co-owner missed deadline to challenge lift charge hike

You own a flat in a 1920s co-ownership building in Paris's 16th arrondissement. At the last AGM, the syndic pushed through a vote to shift 40% of the lift maintenance costs onto ground-floor owners like you, despite your deed stating no lift-related charges. The resolution passed with a simple majority, and you are now billed an extra €800 per year.

Application pratique:

Under French co-ownership law (Article 42 of the 10 July 1965 statute), you had exactly two months from receiving the AGM minutes to legally challenge this resolution. Since you did not file an appeal within that period, the decision is now binding and the court will not hear your objection. To protect yourself, always read AGM minutes immediately, note the decision date, and consult a lawyer within the two-month window if you spot any unfair charge reallocation.

Landlord discovers past roof repair charge reallocated wrongfully

You rent out a studio in a Lyon co-ownership and only recently learned that a general meeting two years ago reallocated 50% of a €12,000 roof repair onto your lot, despite the building's règlement de copropriété dividing roof costs equally among all 10 units. The sudden catch-up bill is €1,200.

Application pratique:

This case law confirms that co-ownership resolutions become definitive if not contested within the two-month statutory deadline (Article 42, law of 10 July 1965). Since the vote occurred years ago, you cannot now dispute the charge's validity. Going forward, instruct your managing agent or tenant to forward all AGM notices immediately, and set a reminder to review them within 60 days. If a meeting changes charge allocations, you must act within two months to preserve your rights.

First-time buyer inherits an uncontested charges modification

You just purchased a flat in Marseille's Le Panier district. At your first AGM, you discover that three years ago the co-owners voted to shift 30% of common water consumption costs onto the ground-floor commercial unit you now own, even though the original by-laws exempted that lot from water charges. The annual extra cost is €450.

Application pratique:

The legal principle here is strict: once the two-month challenge window (set by Article 42 of the 1965 law) closes, the resolution is unassailable, even if it contradicts the règlement de copropriété. As a new owner, you are bound by all past, unchallenged decisions. To avoid such surprises, always request and review the last three years of AGM minutes before buying, and immediately after purchase, engage a notaire or lawyer to flag any questionable recent resolutions that may still be contestable.

A co-owner is not entitled to

The situation

What the law says

Points to remember

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Co-owner missed deadline to challenge lift charge hike

Landlord discovers past roof repair charge reallocated wrongfully

First-time buyer inherits an uncontested charges modification

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Maître Zakine, Doctor of Law