- The deadline for contesting a decision taken in a condominium MA
- Reminder: what is a notification of minutes?
All decisions voted by a majority during a General Assembly (GA), whether there is opposition or not, are adopted. The defective co-owners and opponents, however, have a power of contestation. How long do they have to oppose this decision? Explanation.
The deadline for contesting a decision taken in a condominium MA
The co-owners, defaulters and opponents, have a period of two months from receipt of the notification of the minutes of the AG to submit to the Tribunal de Grande Instance (TGI) of the place of establishment of the building to challenge the decision.
To note : a faulty co-owner is an absent co-owner at the AGM. And an opposing co-owner is a co-owner who voted "against" an adopted decision or who voted "for" a rejected decision.
After these two months, the decision passed during the GA becomes final in the eyes of justice even if it was indeed adopted in illegal or irregular conditions.
Reminder: what is a notification of minutes?
At the end of each GA, the co-ownership syndicate has the obligation to produce a report of all decisions adopted at the said meeting. We are talking about minutes. All minutes are entered in a register kept by the union. The co-owners can in request a copy from the union at any time.
The union has a two months, after general meeting, to notify the co-owners of the minutes. The notification is made by registered mail with acknowledgment of receipt or by bailiff's act. Generally, only defaulters and opponents benefit from this notification since the other co-owners do not have the power to contest the decisions that were taken during the GA.
An exception however allows co-owners, defaulters and opponents, to apply to the district court at any time, and not specifically within two months after notification of the minutes: in the context where the act of contestation concerns a decision allocation of charges in breach of the legal provisions. The co-owners here have the power to seize the court at any time.