Aller au contenu principal
Having noted that a co-owner
Droit Immobilier

Having noted that a co-owner

📅 Decision of 28 June 2018🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

Having noted that a co-owner had opposed the decision to eliminate the concierge position, a court of appeal correctly held that voting in favour of certain resolutions adopted consecutively to that decision did not have the effect of changing the nature of the vote on the contested resolution, and thereby rightly deduced that the application for annulment of that decision is admissible under Article 42, paragraph 2, of Law No. 65-567 of 10 July 1965

Reference decision: Cour de cassation • No. 17-16.693 • 2018-06-28 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Having noted that a co-owner had opposed the decision to eliminate the concierge position, a court of appeal correctly held that voting in favour of certain resolutions adopted consecutively to that decision did not have the effect of changing the nature of the vote on the contested resolution, and thereby rightly deduced that the application for annulment of that decision is admissible under Article 42, paragraph 2, of Law No. 65-567 of 10 July 1965

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 17-16.693
  • Court: Cour de cassation
  • Decision of: 28 June 2018

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

Book an appointment →

Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide