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

Yes, it is possible to challenge a decision taken at a general meeting. However, the following conditions must be met:

• Be the holder of a real right on one batch at the time of the general meeting (owner, usufructuaryetc.)
• Be an opponent (i.e. have voted “against” the resolution adopted or “in favor” of a resolution that has been rejected) or a defaulter (i.e. be absent and not represented when voting on the resolution). Being an opponent is appreciated resolution by resolution. The co-owner who was defaulting or opposing all the resolutions may request thecancelation of the general meeting as a whole.
• Act in court in the 2 months delay from the notification of minutes of general meeting by the trustee. If the trustee has never sent the minutes, the time limit for challenge is 5 years. In all cases, the appeal shall be made before the court of the place where the building is situated. Accompaniment by a lawyer is mandatory. He'll have a assignment against it with the syndicate of co-owners represented by the trustee.
• Challenge a question submitted to the General Meeting and to the votes of the co-owners.

The grounds for challenge are very varied. For example, these may include:

• Irregularities of convening of the general meeting (delay, content, incompetent author etc.)
• Irregularities in the composition of the General Assembly (persons without voting status, absence of appointment of the Chairman of the Meeting, etc.)
• Violation of majority rules applicable to resolution
• Vote on a question not included in theagenda of the general assembly.

It is sufficient to show that the rules laid down by law concerning the organization or operation of the general meeting or the decision itself have not been complied with.

In principle, if the court annuls a decision of a general meeting or the general meeting, it is considered to have never existed. This decision is binding on all co-owners, including those who have not taken legal action.

However, the cancelation has no impact on theobligation to pay charges of each co-owner. Similarly, in the event of cancelation of the appointment of the liquidator, the acts concluded with third parties in good faith remain valid.