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Since a clause in the co-ownership regulations
Droit Immobilier

Since a clause in the co-ownership regulations

📅 Decision of 20 October 1981🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

Since a clause in the co-ownership regulations regarding the apportionment of service charges is deemed void, and the amendment to the co-ownership regulations setting out the new apportionment can only be decided by the general meeting of the co-owners or, in default, by the court, this new apportionment may only apply for the future and may only take effect from the date of the decision ordering it.

Reference decision: cc • No. 80-10.708 • 20 October 1981 • View the decision →

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

The situation

Since a clause in the co-ownership regulations relating to the apportionment of service charges is deemed void, and the amendment to the co-ownership regulations setting the new apportionment can only be decided by the general meeting of the co-owners or, in default, by the court, this new apportionment can only apply prospectively and can only take effect from the date of the decision ordering it.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (deeds, title deeds, correspondence)
  • Be proactive: preventive advice always costs less than a dispute

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 80-10.708
  • Court: Cour de cassation
  • Decision of: 20 October 1981

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.

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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.

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