The property manager (syndic) has no right to refuse to carry out works duly voted at a general meeting: article 18 of the law of 10 July 1965 requires it to ensure the execution of the general meeting’s resolutions. Faced with its inaction, you have three successive options available: formal notice, summary proceedings (référé) before the judicial court, and removal of the syndic at a general meeting.

Why the syndic cannot oppose a general meeting decision

The syndic is the agent of the syndicate of co-owners. It has no discretion over the merits of an adopted resolution: it must implement it. Article 18 of the law of 10 July 1965 lists its duties, including enforcement of the co-ownership regulations and of the general meeting’s resolutions. Article 21 tasks the syndical board (conseil syndical) with overseeing its management and allows it to demand written explanations.

Only two exceptions apply. If the resolution was adopted by an insufficient majority or concerns a matter beyond the general meeting’s authority, the syndic may legitimately suspend execution and request a new vote. And if the funds voted have not been called for or have not been paid by the co-owners, the lack of funds materially blocks the works: the difficulty is then financial, not legal.

Step 1: formal notice in writing

Send the syndic a registered letter with acknowledgment of receipt recalling the date of the general meeting, the resolution number, the majority obtained, and setting a precise deadline for execution (fifteen to thirty days depending on the nature of the works). Request the signed quotes, work orders, and schedule. Copy the syndical board: its formal involvement carries weight in any subsequent proceedings.

The law sets no fixed deadline for executing general meeting decisions. Courts apply a « reasonable time » standard, assessed according to urgency: a few weeks for a roof leak or an out-of-service lift, a few months for a façade renovation requiring planning permission.

Step 2: going to court

Once the formal notice period has expired, several actions can be brought before the judicial court (tribunal judiciaire) of the location of the building:

• Summary proceedings (référé) (articles 834 and 835 of the Code of Civil Procedure) to obtain, urgently, an order compelling the syndic to start the works, if necessary under a daily penalty for delay.
• Appointment of an ad hoc agent when the syndic also refuses to convene a general meeting: any co-owner may request this from the presiding judge of the judicial court on the basis of the decree of 17 March 1967. The appointed agent then convenes the general meeting in the syndic’s place.
• A liability action against the syndic, who is accountable for faults committed in carrying out its mandate. Recoverable losses are concrete: worsening damage, additional project costs, lost rental income. These actions are time-barred after five years (article 42 of the 1965 law).

A co-owner may act alone for decisions that harm their rights or their unit. For an action brought in the name of the syndicate, it is in principle the syndic who has standing to act — hence the value of having the general meeting grant authorization, or of changing syndic.

Step 3: removing and replacing the syndic

Removal falls to the general meeting, by the majority set out in article 25 (majority of the votes of all co-owners), with the simultaneous appointment of a successor to avoid any vacancy. Place two separate resolutions on the agenda: removal for legitimate cause, then appointment of the new syndic along with its draft contract. A removal without legitimate cause exposes the syndicate to a claim for compensation from the ousted syndic: document the failings carefully.

If the co-ownership is financially blocked, article 29-1 of the 1965 law allows for the court-ordered appointment of a temporary administrator, who takes the syndic’s place.

Immediate steps to take

Request the full minutes of the general meeting and supporting documents, keep all written correspondence, have the condition of the building recorded by an expert or bailiff if the damage is worsening, and watch the deadlines: challenging a general meeting decision is, for its part, subject to a two-month time limit.

To challenge a co-ownership decision or a syndic’s refusal, Cécile Zakine, Attorney at Law advises you and defends your interests before the courts (Grasse and Nice judicial courts, Aix-en-Provence Court of Appeal). Prompt consultation.

On the same topic: syndic refuses to carry out works · disputing service charges · general meeting vote against my wishes · neighborhood disturbances · fund calls · all our co-ownership law cases