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Contesting a General Meeting in Co-ownership: the steps to know to avoid many pitfalls

Me ZAKINE informs you about your rights and your obligations 

Co-ownership represents an organizational framework with notable complexity, mainly due to its decision-making process which takes shape during the general meeting of co-owners. It is common for certain decisions adopted during these meetings to not meet with the unanimous consent of the co-owners, thus raising questions about the possibility of contesting them. This article aims to explore the dispute mechanisms, the crucial role played by the co-ownership trustee, as well as the possible remedies in such a situation.

The Dispute Deadline: A Restrictive Temporal Framework

It is imperative for any co-owner, whether defaulting or opposing a decision taken at a general meeting, to be aware of the two-month time limit allowed for initiating a dispute. The importance of this deadline lies in its peremptory nature: once it has expired, the right to contest disappears, leaving the contested decision irrevocable.

The Foundations of the Protest

The reasons that can justify a challenge are multiple. Among them, the abuse of majority stands out as being particularly prevalent. The latter occurs when a group of co-owners, with its majority, imposes decisions deemed unfair by the others. Other reasons, such as procedural irregularities during the convening, formal defects affecting the resolutions adopted, or the decision to carry out non-essential work, can also constitute fertile ground for disputes.

The Co-ownership Trustee: A Pivotal Role

In the context of co-ownership disputes, the trustee assumes a central position. Responsible for organizing assemblies, financial management and day-to-day administration, his role extends to conflict management. A management error on his part can lead to significant consequences, which could go as far as his mandate being called into question by the general assembly.

The Intervention of a Specialized Lawyer

Faced with the complexity of the procedures and the specificity of co-ownership law, the assistance of a specialized lawyer often becomes essential. A professional such as lawyer in co-ownership law, having extensive experience in this area, can offer effective representation and defense of the interests of co-owners, whether it involves contesting a decision or navigating through the legislative and regulatory twists and turns.

Judicial recourse: Last bulwark

When attempts at an amicable resolution fail, legal action is the last resort. The judicial court, having jurisdiction in the matter, is responsible for resolving disputes arising from the co-ownership. Support by a lawyer specializing in co-ownership, is strongly recommended to ensure adequate representation.

The Union Council: Mediation Facilitator

The union council plays an essential role as mediator between the co-owners and the trustee. Made up of members elected from among the co-owners, it can prove to be a key player in resolving conflicts, in addition to contributing to the direction of the strategic decisions of the co-ownership.

Conclusion :

The ability to contest a decision taken at a general meeting constitutes a fundamental right for co-owners. However, the success of such an approach requires in-depth knowledge of legal procedures and deadlines. In the event of uncertainty or increased complexity, recourse to an expert in the field, such as Me Zakine, can prove decisive in safeguarding the rights and interests of the co-owners.

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Your interest is what guides Master Zakine.
Master Zakine provides you with advice and assistance in matters of co-ownership law.
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In the event of a dispute, Maître Zakine asserts your rights with strength and humanity.
The Cabinet d'avocat Zakine is based in Antibes registered with the Grasse Bar (the Nice Bar is next door). Maître Zakine advises on Cannes, Grassse, Mougins) and throughout France.
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Maître Cécile Zakine

About Cécile Zakine

Lawyer in Antibes, registered at the Bar of Grasse. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation

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