Aller au contenu principal
It is incumbent upon the managing agent to attend to the
Droit Immobilier

It is incumbent upon the managing agent to attend to the

📅 Decision of 21 October 2009🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

It is incumbent upon the managing agent to attend to the interests of the co-ownership association and to protect it from any known risk. Consequently, the existence of case law uncertainties regarding the calculation of the notice period for calling a meeting of co-owners cannot justify the dismissal of the liability action brought against a managing agent who is criticised for having failed to comply with that period.

Reference decision: cc • No. 08-19.111 • 2009-10-21 • View the decision →

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

The situation

It is incumbent upon the managing agent to attend to the interests of the co-ownership association and to protect it from any known risk. Consequently, the existence of case law uncertainties regarding the calculation of the notice period for calling a meeting of co-owners cannot justify the dismissal of the liability action brought against a managing agent who is criticised for having failed to comply with that period.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all supporting documents (title deeds, instruments, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-min 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: 08-19.111
  • Court: Cour de cassation
  • Decision of: 21 October 2009

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