By Raphaël MORENON
3 March 2025
It is sometimes necessary for joint owners' associations faced with chronic non-payment to resort to a seizure of property procedure. This complex procedure has a number of important specific features when used in the context of co-ownership. I. Authorisation from the general meeting Before initiating a property seizure procedure, the managing agent must obtain express authorisation from the general meeting of co-owners. The minutes of the general meeting must clearly state : Failure to obtain proper authorisation exposes the syndicate to a claim under article 122 of the Code of Civil Procedure. However, this irregularity may be rectified during the proceedings by a subsequent decision of the general meeting. Setting the reserve price by the general meeting The minutes must also set the reserve price for the lot concerned. If no bids are received, the...
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