Can a decision taken at the general meeting of the co-owners be challenged?

Verified 31 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, you can challenge a decision that has been voted on at a general meeting on the condition that you are a co-owner defective or opponent. For example, you can challenge a resolution that was not adopted by the right majority or that debated an issue that was not on the agenda the agenda of the general meeting.

You may also contest the absence or irregularity of the general meeting if you have not been called or if you have been unlawfully called. The fact that the mandatory documents were not sent with the summons to the general meeting is also a cause of nullity of the general meeting.

You don't have to justify any particular harm to challenge a decision that was made in violation of the law. It is sufficient to show that the rules laid down by law concerning the organization or functioning of the general meeting or the decision itself have not been complied with.

The time limit for challenging the decision depends on whether the minutes of the general meeting were notified by the liquidator in accordance with the 1-month period from the date of the meeting:

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Notification within 1 month

Notification must occur in a 1-month period from the holding of the general meeting.

The decision may be challenged in a two-month period from notification of the minutes of the general meeting. After the expiry of the two-month period, the decision may no longer be called into question, even if it is irregular.

To challenge a decision, you must to appeal to the court of law of the place where the immovable property is situated.

You need to get a lawyer. Your appeal to the court must be directed against the joint owners' union represented by the liquidator.

If the court rules in your favor, it overturns the improper decision and can grant you damages.

However, if the court rules that you are wrong, you can be ordered to pay damages for abuse.

Warning  

The decision on improvement work is not enforceable the opposing co-owner who has brought an action before the court within two months to have it recognized that the improvement decided is of a sumptuous nature (excessive expenditure) having regard to the condition, characteristics and destination of the building.

Failure to notify within 1 month

The decision may be contested for 5 years if the liquidator has not notified the minutes within the time limit for1 month after the general meeting.

The appeal to challenge the decision must be made before the court of law of the place where the immovable is situated.

You need to get a lawyer. Your appeal to the court must be directed against the joint owners' union represented by the liquidator.

If the court rules in your favor, it overturns the improper decision and can grant you damages.

However, if the court rules that you are wrong, you can be ordered to pay damages for abuse.

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