In the Absence of the Employer's Agreement,

Reference decision: cc • N° 79-42.117 • 1981-07-20 • Consult the decision →

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

The situation

In the absence of the employer's agreement, Article 10 of the collective bargaining agreement for concierges of residential buildings in the Alpes-Maritimes does not create any obligation for the co-ownership to provide work or pay salary when the spouse of a titular concierge substitutes for him in performing certain tasks for which he is responsible.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Scrupulously respect the statutory time limits for appeals
Keep all your supporting documents (title deeds, deeds, correspondence)
Be proactive: preventive advice is always cheaper 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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Practical use cases

Unauthorised concierge substitution charges in Nice co-ownership

In a 20-unit residential building in Nice, the concierge's wife has been cleaning the stairwell twice weekly for three months while he recovers from an injury. The syndic now demands an extra €150 per month from each co-owner, despite no formal approval having been given.

Practical application:

The Court of Cassation ruling (20 July 1981) confirms that a collective bargaining agreement cannot force a co-ownership to pay a concierge's spouse who substitutes without the employer's express consent. Refuse payment immediately, request an extraordinary general meeting to vote on the arrangement, and formally instruct the syndic to cease collecting these charges, citing this precedent.

Tenant disputes service charges over unauthorised concierge replacement

You own a rental flat in Antibes. Your tenant challenges the annual service charge settlement, which includes €400 for tasks performed by the concierge's daughter during his two-week sick leave last August, added by the syndic without co-owner consultation.

Practical application:

Under the 1981 Cass. soc. decision, a co-ownership has no obligation to pay wages to a family member substituting a concierge without prior employer agreement. Inform your tenant of this, formally contest the charge with the syndic in writing, and if unresolved, propose a resolution at the next AGM to recover the amount and establish clear substitution rules.

Unexpected co-ownership fees after purchase in Cannes

You recently bought a studio in Cannes. Your first quarterly co-ownership statement includes a €90 surcharge for 'temporary concierge replacement'. Investigation reveals the regular concierge's nephew did the work for two weeks without any formal contract or co-owner vote.

Practical application:

As a new co-owner, you can rely on the 1981 precedent stating no obligation exists to pay an unauthorised substitute. Write to the syndic demanding removal of the surcharge, referencing the case law. Attend the next AGM to insist on a written protocol for future concierge absences, preventing recurrence.

In the Absence of the Employer's Agreement,

The situation

What the law says

Points to remember

Legal information

Source

Keywords

Practical use cases

Unauthorised concierge substitution charges in Nice co-ownership

Tenant disputes service charges over unauthorised concierge replacement

Unexpected co-ownership fees after purchase in Cannes

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Maître Zakine, Doctor of Law