Condominium Ownership and Challenging a General Meeting

A property owner sued the condominium association of his building in court to have a general meeting annulled. However, the judges ruled the claim inadmissible, holding that the deadline for challenging a general meeting begins automatically on the day after the registered letter is first presented at the recipient’s residence, regardless of whether the letter was actually received. The owner contested this ruling, to no avail. Upon review of the dispute, the Court of Cassation confirmed, pursuant to Article 64 of Decree No. 67-223 of March 17, 1967, that the notification of the minutes of a general meeting by registered letter with return receipt requested causes, even if it does not actually reach the recipient, cause the statute of limitations to begin running, since Article 670-1 of the Code of Civil Procedure, which requires the parties to proceed by service of process, applies solely to the notification of court decisions. > The court decision