A co-ownership association has

Reference decision: cc • No. 87-13.267 • 1989-03-08 • View the decision →

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

The situation

A co-ownership association has standing to bring legal proceedings, on behalf of all the co-owners, for recovery of the loss suffered by them as a result of the total destruction of the building, the reconstruction of which has been decided.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Scrupulously respect the statutory time limits for appeals
Keep all your supporting documents (title deeds, instruments, correspondence)
Anticipate: preventive advice always costs less 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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Practical use cases

Co-owner fights insurer after total building destruction

You own a flat in a 12-unit building in Lyon that was completely destroyed by a gas explosion. The co-ownership association voted to rebuild, but the insurer is stalling on paying the €800,000 claim needed for reconstruction. Individual owners are unable to afford the rebuild on their own.

Practical application:

This case law confirms that your co-ownership association has legal standing to sue the insurer on behalf of all co-owners. The association should instruct a lawyer to claim the full loss, including reconstruction costs, in a single action. This prevents each co-owner from having to bring separate, costly lawsuits and speeds up the recovery process, ensuring the building can be rebuilt without further delay.

First-time buyer's flat destroyed, rebuilding stalled

Six months after buying a €180,000 flat in Marseille, the building was gutted by a fire. Rebuilding has been proposed, but some co-owners hesitate, leaving you facing potential extra costs and no home. The fire was traced to faulty electrical work by a contractor.

Practical application:

Under this ruling, once the co-ownership association formally votes to rebuild, it can pursue legal action against the responsible contractor for total destruction loss. You should organise with other co-owners to call a general meeting and pass the rebuilding resolution. Then the association can sue to recover damages, covering reconstruction and potentially your temporary accommodation costs, relieving individual financial pressure.

Landlord loses rental income after building collapse

You let two flats in a Bordeaux building that collapsed due to long-standing structural defects. Your insurer offers only €150,000, far below the real rebuild cost, and you are losing €2,500 per month in rent. Rebuilding has been agreed by the co-ownership.

Practical application:

This decision empowers the co-ownership association to claim the full loss—including lost rental income—from the builder or insurer. Ensure the association includes your rental losses in the legal claim, supported by lease agreements and bank statements. Push for a swift court order to secure interim funds, preventing prolonged income loss while the main case proceeds.

A co-ownership association has

The situation

What the law says

Points to remember

Legal information

Source

Keywords

Practical use cases

Co-owner fights insurer after total building destruction

First-time buyer's flat destroyed, rebuilding stalled

Landlord loses rental income after building collapse

About the author

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Maître Zakine, Doctor of Law