Challenging a condominium general meeting: legal instructions and best practices
Introduction: Tight voting at the AGM? Here's what you can (still) do
"It was a foregone conclusion". It's a phrase we hear all too often in the office after a general meeting of co-owners. The co-owners have just seen an unfavorable vote: work they consider unjustified, approval of contentious accounts, or the appointment of a disputed syndic. However, in the face of defeat at the AGM, it's not necessarily too late. There are avenues of appeal, but beware: they are subject to strict deadlines and precise conditions. In this article, Lexelians guides you in understanding your rights, avoiding missteps and, if necessary, taking action... before it's too late.
1. What can be contested at a condominium general meeting?
The condominium general meeting takes essential decisions: budget, works, appointment of the managing agent or approval of the accounts. But not all resolutions are unassailable. Only "irregular" decisions can be challenged: for example, if a decision violates the law, the condominium by-laws, or was adopted outside the legal framework (convened after the deadline, without proper consultation, etc.).
Typical examples of contested decisions:
- Work voted on without clear estimate or costing
- Approval of opaque or incomplete accounts
- Failure to maintain quorum during voting
- Resolution not on the agenda
- Appointment of a trustee without a call for tenders (when required)
Good to know: A poorly drafted or ambiguous resolution can also pose legal problems.
Not everyone can appeal. To contest a GA decision, you must meet certain conditions.
2. Who can act, and under what conditions?
- Voting "against" the resolution (or abstaining in some cases).
- Be a co-owner on the date of the meeting.
- Be directly affected by the contested decision.
⚠️ If you voted "for" a text... you can't contest it after the fact.
3. Deadlines: the real countdown to recourse
The time limit for contesting is strict: 2 months from notification of the AGM minutes (article 42 of the 1965 law).
Practical tip: It's not the date of the AGM that counts, but the date of receipt of the minutes. This can save you a few precious days... provided you keep an eye on your registered mail.
If you miss the deadline: the action is time-barred. Even a manifestly illegal decision can no longer be overturned.
4. Common mistakes to avoid
Here are the 5 common mistakes we see every year in the office:
- 1. Waiting too long to react ("I'll think about it")
- 2. Dispute orally or by simple letter to the managing agent (legally ineffective)
- 3. Failure to collect evidence (AGM minutes, notices, letters)
- 4. Neglecting to draw up the notice of meeting or the agenda
- 5. Contact a lawyer... a few days before the deadline
Lexelians tip: Contacting a lawyer as soon as you receive the official statement of offence allows you to calmly assess the problematic decisions and secure your appeal.
5. Real-life example: a managing agent condemned for abuse in voting exceptional fees
Context: A co-owner contacted us after receiving the minutes of a General Meeting at which the managing agent had been voted "exceptional" fees for work that he had not managed.
Analysis: The AGM had passed this resolution with no costing, no previous estimates, and no clear justification. In addition, the resolutions had been presented late to the co-owners.
Action taken by Lexelians: The case was brought before the court within the deadline, with supporting documents (convocations, minutes, previous agendas).
Result: the judge annulled the contentious resolution. The syndic had to reimburse part of the fees received.
️ Lesson: Abuses do exist, but they don't stand up to a well-prepared challenge.
6. Lexelians' tips for maximizing your chances
As lawyers specializing in condominium law, here are our recommendations:
- Have every AGM notice read by a legal expert if a sensitive subject is on the agenda.
- Keep track of exchanges: emails, invitations, documents distributed.
- Consider collective action with other co-owners (often stronger).
- Don't overlook the possibility of amicable settlement or mediation before the summons: although optional, it can reinforce your credibility in court.
- Get support from a firm with experience of condominium litigation: a lawyer who knows the ins and outs of the business is a decisive asset.
7. Conclusion: your assets deserve a solid defense
A poorly voted or non-transparent general meeting resolution can have lasting consequences: unjustified charges, ill-considered work, arbitrary decisions. Worse still, letting an irregularity go unchallenged can set them up for the long term. Defending your rights also means defending the quality of management of your building... and therefore the value of your property.
8. Need reliable legal advice? Let's talk.
Are you planning to contest a GM decision? Every year, Lexelians assists dozens of co-owners in this process. Contact our firm: a lawyer specialized in condominium law will answer your questions clearly and promptly.
No-obligation initial discussion possible
✉️ Contact us
9. Related articles to read:
- Condominium charges: what you pay... and what you can dispute
- The (little-known) role of the syndicate council in defending condominium owners
- General meeting: how to prepare properly to influence decisions
