Article 6-2 of the law of July 10, 1965, stipulates that common areas are special when they are assigned to the use or benefit of several co-owners, and only the latter take part in votes concerning said areas.
Should a double vote be applied when work affects both the special common areas and the general common areas?
The Cour de cassation answers in the negative: “when a decision to authorize work affects both the general common areas and the special common areas, this decision must be adopted by the general meeting of co-owners of the general common areas” (3rd Civ., February 6, 2025, appeal n° 23-18.586, published in the bulletin).
The co-owners of the special common areas therefore have no right of veto in such a case.
