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Representation of Co-owners
Droit Immobilier

Representation of Co-owners

📅 Decision of 16 October 2013🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The representation of co-owners by the co-ownership association in proceedings concerning common areas does not preclude a co-owner, who holds an exclusive right of enjoyment over those common areas, from having a personal right that escapes representation by the association.

Reference decision: cc • No. 12-23.793 • 2013-10-16 • View the decision →

This decision sheds important light on your property rights. Here's what it means for you.

The Situation

The representation of co-owners by the co-ownership association in proceedings concerning common areas does not preclude a co-owner, who holds an exclusive right of enjoyment over those common areas, from having a personal right that escapes representation by the association.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (deeds, acts, correspondence)
  • Plan ahead: 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.
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Legal information

  • Number: 12-23.793
  • Court: Cour de cassation
  • Decision of: 16 October 2013

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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