How to challenge a condominium general meeting?

You have just received the minutes of your co-ownership general meeting and a decision seems unfair or irregular? Know that it is possible to challenge the adopted resolutions, but within very strict deadlines and conditions. Discover the key steps to act effectively and protect your rights as a co-owner.

What are the conditions to contest a general meeting?

Challenging a co-ownership general meeting (AG) is not a trivial act. It is governed by the law of July 10, 1965, and the decree of March 17, 1967. To be admissible, your action must be based on one of the following grounds:

1. Defects of form or procedure

These are irregularities that have tainted the conduct of the general meeting: non-compliant notice (21-day deadline not respected, absence of agenda), lack of quorum, absence of attendance sheet, or voting on a matter not on the agenda. These defects are often the easiest to demonstrate.

2. Abuse of majority or abuse of minority

A resolution can be annulled if it was taken solely in the interest of certain co-owners (majority) to the detriment of the community, or if a minority systematically blocks essential decisions for the preservation of the building.

3. Violation of majority rules

Each resolution must be adopted according to a specific majority (simple, absolute, double majority). If the syndic applied the wrong rule, the decision is void.

What is the deadline to challenge a co-ownership AGM?

The deadline is extremely short: you have two months from the notification of the minutes of the general meeting. This deadline is mandatory. After this deadline, you are deemed to have accepted the resolutions, even if they are irregular. Attention: notification must be made by registered letter with acknowledgment of receipt or by hand delivery against signature.

How to challenge a general meeting: practical steps

Step 1: Check the minutes and the agenda

Upon receipt of the minutes, examine each resolution. Note inconsistencies, incorrectly counted votes, or decisions that seem contrary to the co-ownership regulations. Keep your summons and attendance sheet carefully.

Step 2: Attempt an amicable solution

Before initiating legal proceedings, send a registered letter to the syndic stating your grievances. Sometimes a simple clerical error can be corrected without going to court. This step can also serve as proof of your good faith.

Step 3: Seize the judicial court

If the disagreement persists, you must summon the co-ownership syndicate before the judicial court of the location of the building. This action for annulment must be brought within two months. It is strongly recommended to entrust this procedure to a avocat expert in condominium law to maximize your chances of success.

What are the risks if the challenge fails?

Challenging a general meeting is not without risk. If your action is rejected, you could be ordered to pay the procedural costs (court costs) and possibly damages for abusive proceedings. In addition, lawyer's fees remain your responsibility, unless the court considers it inequitable to leave them to you (Article 700 of the Code of Civil Procedure).

Can one challenge a single resolution or must the entire AG be challenged?

You can very well challenge one or more specific resolutions without questioning the validity of the entire general meeting. For example, you can accept the budget forecast but challenge the vote on renovation works. Each resolution is independent.

Conclusion: use a lawyer to secure your challenge

Challenging a co-ownership general meeting is a technical procedure that requires perfect mastery of legal texts and deadlines. A procedural error or delay can definitively cause you to lose your rights. To avoid these pitfalls and effectively defend your interests, do not hesitate to consult a avocat expert in real estate law. Maître Cécile Zakine supports you at every stage, from analyzing the minutes to representation before the court, to assert your rights with complete peace of mind.

📅 Mis à jour le 17/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.