Reference decision: cc • No. 08-14.889 • 2009-06-04 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it changes for you.
The situation
Where the by-laws of a co-ownership state that the general charges include those not considered as special, notably the premiums listed in the chapter relating to insurance, the Court of Appeal, which holds that there is a distribution of special charges to a shopping arcade, but that this cannot apply to the insurance premiums taken out in the interest of all the co-owners, correctly deduces that those insurance premiums constitute general charges
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for lodging an appeal
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive legal advice always costs less than a dispute
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