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The employment contract of an employee of the
Droit Immobilier

The employment contract of an employee of the

📅 Decision of 08 July 2015🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

The employment contract of an employee of the co-ownership syndicate not constituting an appendix to the minutes of the general meeting, violates articles 11, 31 and 33 of Decree No. 67-223 of 17 March 1967, the local court ordering the managing agent to disclose to a co-owner the employment contract of the building's caretaker

Reference decision: Cass. • No. 14-12.072 • 2015-07-08 • View the decision →

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

As the employment contract of an employee of the co-ownership syndicate does not constitute an appendix to the minutes of the general meeting, the local court that orders the managing agent to disclose to a co-owner the employment contract of the building's caretaker violates Articles 11, 31 and 33 of Decree No. 67-223 of 17 March 1967.

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 (title deeds, deeds, correspondence)
  • Anticipate: preventive advice is always cheaper than litigation

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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: 14-12.072
  • Court: Cour de cassation
  • Decision of: 08 July 2015

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Co-owner demands caretaker's contract to challenge salary

Marie, a co-owner of a 20-flat building in Lyon, suspects the caretaker's salary of €25,000 per year is inflated. She requests the employment contract from the managing agent to verify the terms. The agent refuses, citing confidentiality.

Practical application:

The court ruling in Cass. No. 14-12.072 confirms that the caretaker's employment contract is not an appendix to the general meeting minutes, so the managing agent is not obliged to disclose it under Decree No. 67-223. Marie cannot force disclosure through a demand for annexes; she must seek other evidence of mismanagement (e.g., budget reports, minutes discussing salary). She should raise her concerns at the next AGM and propose a vote to review the contract.

2

Managing agent protects caretaker's privacy by refusing disclosure

As the managing agent for a co-ownership in Marseille, you receive a formal demand from a co-owner, Mr. Dupont, to hand over the caretaker's employment contract, claiming it's his right under the meeting minutes annexes. He threatens legal action.

Practical application:

Relying on Cass. No. 14-12.072, you can lawfully refuse because the employment contract is not a mandatory annex to the minutes under Decree No. 67-223. Respond in writing, citing the ruling and explaining that the contract contains personal data protected by privacy laws. Advise the co-owner to raise the issue at the next general meeting if he has concerns about the caretaker's duties or remuneration. This avoids litigation and protects you from a court order.

3

Prospective buyer reviews co-ownership documents before purchase

Jean, a first-time buyer in Nice, is about to purchase a flat in a 50-lot co-ownership. The notary provides the last three years' meeting minutes. Jean notices no mention of the caretaker's contract and wants to request it to assess ongoing charges (which are €200/month).

Practical application:

According to Cass. No. 14-12.072, the caretaker's employment contract is not part of the mandatory documents available to prospective buyers. Instead, Jean can review the co-ownership's budget and the minutes to see caretaker-related expenses. He should also ask the seller if there were any recent disputes about caretaker costs. If concerned, he can contact the managing agent directly to ask about the caretaker's role and standard costs, without having a right to the contract itself.

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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