Facts
This case concerns a condominium (PPE) "Résidence T." constituted before the completion of the building. In 2004, the owners' assembly modified the condominium regulations to move from voting by head to voting by lot, without reaching the required quorum. Some owners challenged this decision in court, arguing that it was null and void due to the violation of the mandatory rules on quorum.
The Federal Tribunal ultimately upheld the appeal and rejected the request for a declaration of nullity of the decision. Although the amendment was not adopted unanimously as required by the regulations, the Tribunal considered that it should not be considered null but rather voidable. Legal certainty recommends favoring voidability in case of doubt, especially since the amendment was mentioned in the land register and enforceable against third parties.
Considerations
According to the Federal Tribunal, the violation of a mandatory rule on quorum does not necessarily lead to the nullity of a decision of the condominium owners' assembly. In case of doubt, voidability of the decision should be admitted instead, which allows preserving its effects in the interest of legal certainty.
Furthermore, the Tribunal considered that purchasers of lots not yet built could validly participate in the assembly and vote, since the…