Any clause contrary to

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

The situation

Any clause contrary to the provisions of Article 36 of the Decree of 17 March 1967, which sets interest on sums owed to the co-ownership association by a co-owner at the statutory rate in civil matters, from a formal notice by the property manager, shall be deemed void; this provision only allows the total exclusion of interest. The Court of Appeal legally justified its decision when, faced with a clause in the co-ownership regulations stipulating that unpaid sums would bear interest at the rate of advances on securities granted by the Banque de France, it applied the statutory rate to the interest due to the co-ownership association as from respectively the date of the claim for payment and an additional claim.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory appeal deadlines
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.