In the context of the construction of a building, the developer is the sole master on board until the co-ownership is organized. In this case, a developer had sold lots in the future state of completion (VEFA) to different buyers including two civil real estate companies (SCI). These companies rushed to ask the developer for authorization to install air conditioning and heating systems on the technical terrace of one of the buildings. The precious sesame was obtained on February 28, 2007 while the delivery of the first lots did not take place until April 26, 2007, the date of the creation of the co-ownership. But at that time, a disgruntled co-owner was quick to summon these SCIs, demanding the pure and simple dismantling of the installations and the restoration of the common areas.
This case decided by the Court of Cassation (3rd Civil Chamber, May 30, 2024, No. 22-23.878) was commented on by the Gide Real Estate blog. Initially, the Chambéry Court of Appeal rejected the co-owner’s request. It considered that the authorization for the work had been duly obtained at a time when only the developer could grant it and therefore that the work in question was lawful. Even if the general meeting of co-owners had refused to regularize this situation, it did not have to deal with this subject. But the Court of Appeal analyzed the situation differently.
Absolute majority
In this latest ruling, the cassation judges point out that the work was carried out after the co-ownership status took effect. In this case, it therefore had to be authorised by the co-owners meeting in a general meeting with the majority of Article 25 (an absolute majority of all co-owners, even those absent, as opposed to the simple majority of Article 24). This is indeed work affecting the common areas or the external appearance of the building, and as such, the agreement obtained from the developer is not sufficient.
