A court action is admissible

Practical application:

Under this case law, the lawsuit is admissible only if the general meeting subsequently ratifies it. You should immediately request a copy of the general meeting minutes to check for ratification. If no ratification has occurred, instruct your solicitor to raise a procedural objection within the statutory time limit, as the action would otherwise be inadmissible. Keep all correspondence and documents to support your position.

Practical application:

This case law confirms that your action can be valid if it is later ratified by the co-owners. You must convene an extraordinary general meeting as soon as possible and include a resolution seeking ratification of the legal action. Provide a full file of evidence and the reasons for urgency to the co-owners. Failure to obtain ratification could render the action inadmissible and expose you to personal liability for costs.

Practical application:

This ruling means the claim against the previous owner is only valid if the general meeting has ratified the court action. Request proof of ratification from the seller or the syndicate before completing the purchase. If ratification is missing, the lawsuit may be dismissed, potentially affecting the financial recovery and by extension the co-ownership's budget. Work with your notaire to include appropriate indemnities in the sale deed and keep all relevant documents in your file.