A free owners' association does not have

Application pratique:

This decision means the free owners' association lacks legal standing to claim compensation for individual losses. Each affected co-owner must file their own claim with the court, providing proof of their specific damage (photos, invoices, expert reports). Time limits for construction defects (10-year decennial liability) apply, so they should act quickly. Keep all correspondence and documents, and consider consulting a solicitor to prepare individual claims.

Application pratique:

The association cannot claim for the landlords' individual financial losses. Each landlord must bring a separate action against the developer, substantiating their own loss with tenancy agreements, rent receipts, and proof of vacancy. The statutory limitation period for such claims (normally five years from knowledge of the defect) must be respected. It's advisable to gather all rental documents and instruct a French property lawyer to file individual claims promptly.

Application pratique:

As per this case law, the free owners' association cannot file a compensation claim on behalf of individual buyers. Each buyer must initiate their own legal action for the defects in their specific flat, providing evidence such as the purchase contract, expert reports, and photos. The decennial warranty (10-year structural guarantee) applies, but strict time limits for notifying the developer and initiating proceedings must be followed. Buyers should act individually, keep meticulous records, and seek legal advice to ensure their claims are properly filed.