Can a decision taken at a general condominium meeting be challenged?
Verified 25 June 2020 - Directorate for Legal and Administrative Information (Prime Minister)
A decision may be contested on substantive grounds (example: decision that is contrary to the condominium rules) or form (example: decision not included in the agenda).
Only a co-owner failing or opponent may challenge a decision taken at a general meeting.
For this, it must court within 2 months from notification from minutes of the general assembly..
This notification must be made by the trustee within 1 month of the holding of the general meeting.
Appeal must be brought against the syndicate of co-owners..
If the court rules in favor of the co-owner, it shall set aside the decision and may grant damages..
Otherwise, the co-owner may be ordered to pay damages if he improperly seizes the court.
- Act No. 65-557 of 10 July 1965: Rule 42Time limit for challenging a decision
- Act No. 65-557 of 10 July 1965: Rule 43Appeal against decision
- Decree n°67-223 of 17 March 1967: Article 18Time limit for challenging a decision