Short-Term Rentals in French Co-Ownerships: Grasse Court Strikes Down an Airbnb Ban Adopted by Simple Majority

The Grasse Civil Court (Tribunal judiciaire de Grasse) has just annulled a general meeting resolution that prohibited short-term furnished tourist rentals in a French Riviera condominium. The ruling carries significant lessons for the thousands of co-ownerships across France currently wondering whether — and how — they can restrict short-term rentals such as Airbnb.

A Resolution Carried at the Wrong Majority

The dispute traces back to May 2023. At its annual general meeting, a co-ownership on the Côte d’Azur voted to ban furnished tourist rentals as of 1 January 2024. Several co-owners, unwilling to forfeit their right to let their lots on a seasonal basis, challenged the resolution before the courts. They were represented by Cécile Zakine, a member of the Grasse Bar with a long-standing practice in French co-ownership law (droit de la copropriété).

Their argument carried the day. The co-ownership rules (règlement de copropriété), drawn up in 1990, expressly authorised the furnished letting of private lots. By layering a ban on tourist rentals onto that framework, the contested resolution did more than simply organise communal life: it directly curtailed the rights co-owners enjoyed over their private lots. Under French co-ownership law, a restriction of that nature requires a unanimous vote — not the simple majority provided for by article 24 of the 1965 Act. The resolution was therefore declared null and void.

Adapting the Rules vs. Modifying Them: A Crucial Distinction

The full reach of the judgment lies in this distinction, which is too often misunderstood by managing agents (syndics) and council members. Where the existing rules already authorise furnished letting, a fresh resolution prohibiting short-term rentals does not merely “adapt” the rules: it modifies the co-owners’ rights of enjoyment over their private lots. Under French law, that kind of modification requires the consent of every co-owner — unanimity.

The court also drew on the decisive shift handed down by the French Supreme Court (Cour de cassation) on 25 January 2024: short-term letting of a dwelling does not, in and of itself, amount to a commercial activity incompatible with a standard “bourgeois residence” clause (clause d’habitation bourgeoise simple), provided the landlord does not, as a primary activity, supply para-hotel services.

The Le Meur Act of 19 November 2024: A New Framework — But No Retroactive Effect

Act No. 2024-1039 of 19 November 2024, known as the Le Meur Act, has since softened the rules. A general meeting may now ban furnished tourist rentals by a two-thirds majority of the building shares (tantièmes), where unanimity was previously required. This new option is, however, subject to three cumulative conditions:

  • the lots in question must not be the co-owner’s principal residence;
  • they must be intended for residential use only;
  • the co-ownership rules must already contain a “bourgeois residence” clause excluding any commercial activity.

The judgment makes a critical point clear: the new regime applies only going forward. A resolution irregularly adopted before the Act came into force cannot be retroactively cured by the new legislation. Co-owners’ rights are assessed under the law in force at the time of the vote.

“A resolution prohibiting Airbnb-type rentals that was not adopted unanimously is null. This judgment confirms it and protects co-owners against decisions taken in breach of the fundamental rules of French co-ownership law.”

— Cécile Zakine, Attorney at the Grasse Bar · cecile-zakine.fr

Key Takeaways for Every Co-Owner

The ruling reaffirms a principle too often overlooked: the majority required to pass a resolution depends exclusively on the nature of that resolution. A mistake on the applicable majority — even one made in good faith — is enough to void the decision. And challenging an irregular resolution remains a fundamental right of the dissenting (opposant) or absent (défaillant) co-owner, exercisable within a strict time limit that should not be allowed to expire.

For co-ownerships now seeking to restrict or prohibit short-term rentals, the Le Meur Act offers a dedicated legal framework. Its conditions must, however, be scrupulously observed, and the vote organised in accordance with the new statutory requirements.

  • Frequently Asked Questions

Can a French co-ownership ban Airbnb-style rentals?

Yes, subject to strict conditions. Since the Le Meur Act of November 2024, a two-thirds majority of building shares may suffice — provided the lots are not the co-owner’s principal residence, are used for residential purposes, and the co-ownership rules contain a “bourgeois residence” clause excluding commercial activity. Before that Act, unanimity was the rule.

Does the Le Meur Act retroactively validate earlier resolutions?

No. The Grasse Court is unequivocal: the validity of a vote is assessed under the law in force when it was cast. A resolution irregularly adopted before November 2024 cannot be “rescued” by the new legislation.

How can a general meeting resolution be challenged?

Dissenting or absent co-owners have two months from notification of the minutes of the general meeting in which to bring proceedings before the Civil Court. After that period, the resolution becomes final and unchallengeable. Consulting an attorney specialising in co-ownership law as soon as the minutes are received is strongly recommended.

Has your co-ownership voted a similar resolution?

If a resolution concerning short-term rentals has been adopted in your building and you wish to have its validity reviewed, Cécile Zakine will assess your case and guide you through the necessary steps.

Consultations are available throughout France, in person or via videoconference.

SELARL ZAKINE AVOCAT

15 avenue Robert Soleau, 06600 Antibes

cecile-zakine.fr