In a ruling delivered on 4 December 2025 (Cass. 3rd Civ., No. 24-17.437), the Court of Cassation provides a useful clarification regarding the calculation of the notice period for co-owner general meetings.<\/p>\n
In this case, a general meeting was held on 3 January 2019. A co-owner received the notice on 12 December 2018. Believing that the legal notice period of 21 days had not been respected, this co-owner requested the annulment of the general meeting.<\/p>\n
The Aix-en-Provence Court of Appeal had ruled in his favour and annulled the meeting.<\/p>\n
However, the Court of Cassation overturns this decision and recalls the rule for calculating the time limit provided for by the decree of 17 March 1967.<\/p>\n
The time limit commences to run the day after the summons is received. In this case, the summons having been received on 12th December 2018, the time limit commenced to run on 13th December 2018 at 00:00.<\/p>\n
The 21-day period therefore expired on 2 January 2019 at midnight. The general meeting organised on 3 January 2019 therefore perfectly respected the legal deadline.<\/p>\n
The Court of Cassation therefore recalls that the notice period is calculated by excluding the day of receipt of the notification and by fully including the last day until midnight.<\/p>\n
This decision is a useful reminder in practice, as challenges to general meetings frequently rest on a misinterpretation of the calculation of this deadline.<\/p>\n
Reference: Court of Cassation, Third Civil Chamber, 4 December 2025, No. 24-17.437.<\/p>","protected":false},"excerpt":{"rendered":"
Par un arr\u00eat rendu le 4 d\u00e9cembre 2025 (Cass. 3e civ., n\u00b0 24-17.437), la Cour de cassation apporte une pr\u00e9cision utile concernant le calcul du d\u00e9lai de convocation des assembl\u00e9es g\u00e9n\u00e9rales de copropri\u00e9taires. Dans cette affaire, une assembl\u00e9e g\u00e9n\u00e9rale s\u2019\u00e9tait tenue le 3 janvier 2019. La convocation avait \u00e9t\u00e9 re\u00e7ue par un copropri\u00e9taire le 12 […]<\/p>\n