How to cancel a resolution in a condominium meeting?

As a co-owner, it may happen that a decision voted at a general meeting seems unfair, illegal, or contrary to your interests. Fortunately, the law provides remedies to challenge and obtain the annulment of a resolution. This article answers the central question: how to cancel a resolution in a co-ownership meeting? We explain the valid grounds, strict deadlines, and procedure to follow to protect your rights.

What are the grounds to request the cancellation of a resolution?

For a resolution to be annulled, you must demonstrate that it is tainted by an irregularity. The grounds are mainly of two types:

1. Procedural defects

A resolution may be annulled if the rules for convening, holding the meeting, or voting have not been respected. For example:

• Failure to notify the agenda within the legal deadlines (21 days before the meeting).
• Failure to provide necessary documents (accounts, quotes, etc.).
• Vote on a matter not on the agenda.
• Non-compliance with majority rules (simple majority, absolute majority, double majority).
• Absence of signature of the minutes or error in their content.

2. Defects of substance

Even if the procedure is correct, a resolution can be annulled if it is:

• Contrary to the law or the co-ownership regulations (e.g., decision imposing unauthorized works).
• Abusive or constituting an abuse of majority (e.g., voting on an excessive charge to the detriment of certain co-owners).
• Tainted by a manifest error (e.g., decision based on erroneous information).
• Discriminatory (e.g., unequal treatment between co-owners).

What is the deadline to act?

The deadline to challenge a resolution is very short: two months from the notification of the minutes of the general meeting. After this deadline, the resolution becomes final and can no longer be challenged. It is therefore imperative to act quickly upon receipt of the minutes.

What is the procedure to cancel a resolution?

Here are the key steps to initiate a nullity action:

Step 1: Check the minutes and the grounds

Reread the minutes and the agenda carefully. Identify precisely the irregularity (procedural or substantive). Gather all evidence: letters, emails, accounting documents, etc.

Step 2: Attempt an amicable resolution

Before going to court, it is often useful to write to the syndic or the co-ownership council to set out your dispute. Sometimes a simple request to correct the minutes or a new meeting can resolve the problem without a trial.

Step 3: Seize the judicial court

If no agreement is reached, you must sue the co-owners' association before the judicial court of the location of the building. This action must be brought within two months. It is strongly recommended to be assisted by a avocat expert to draft the summons and represent your interests.

What are the risks and costs?

Taking legal action involves risks:

• Lawyer's fees : fees vary depending on the complexity of the case.
• Procedural costs : fiscal stamps, service of documents.
• Risk of being ordered to pay costs : if you lose, you may be ordered to pay the legal costs of the co-ownership association.
• Duration : a procedure can take several months, or even more than a year.

It is therefore crucial to assess the strength of your case before acting.

Conclusion: Get support from an expert

Canceling a resolution in a condominium meeting is a technical procedure subject to strict deadlines. A procedural error or delay may permanently lose your rights. To maximize your chances of success, it is strongly recommended to consult a avocat expert in co-ownership law. Maître Cécile Zakine, lawyer in real estate and land law, can analyze your situation, verify the validity of the contested resolutions and assist you in all legal proceedings. Do not wait: contact her office as soon as you receive the minutes to act as soon as possible.

📅 Mis à jour le 21/07/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.