Your co-ownership AGM is voting to ban short-term rentals: what you need to know
You have received a general meeting notice with an agenda item proposing to ban short-term rental in your building. Since the Loi Le Meur of 19 November 2024, such a vote is legally possible — but only under strict conditions that many managing agents fail to mention. Here is what you must check before, during and after the AGM.
What the Loi Le Meur actually authorises
Since 19 November 2024, Article 26 of the French Co-ownership Act of 10 July 1965 has been amended by the Loi Le Meur. A general meeting may now vote, by a two-thirds majority of ownership shares (tantièmes), to ban furnished tourist lets in the private units of the building. This mechanism was upheld by the Conseil constitutionnel on 19 March 2026 (QPC n°2025-1186). However, two cumulative conditions must be met for the vote to be valid. First condition: the building's règlement de copropriété must already contain a so-called habitation bourgeoise exclusive clause — or an equivalent provision excluding any commercial activity from residential units. Without this clause already in the building rules, no resolution can lawfully ban short-term letting. Second condition: the protection of primary residences is absolute. The law, confirmed by the Conseil constitutionnel, explicitly excludes from the scope of any ban owners who let their primary residence — defined as the property occupied for more than eight months per year. If your apartment is your declared primary residence, no AGM can prevent you from letting it during your absences.
Before the vote: three essential checks
As soon as you receive the notice, do not just read the agenda — analyse the exact wording of the proposed resolution. A vague or imprecisely drafted resolution can itself be a ground for annulment in the event of a legal challenge. Next, check your règlement de copropriété. Request a copy from the managing agent if you do not have one, or consult the land registry archives. If there is no habitation bourgeoise clause, the resolution is legally fragile, or even void. Third point: establish the status of your property. If it is your declared primary residence (in particular for tax purposes and for the municipal registration required for Airbnb), notify the managing agent in writing before the meeting takes place. This creates a documented record of your situation should a dispute arise later. In any case, a consultation with a solicitor specialising in French co-ownership law will allow you to assess your exposure precisely before the vote is held.
After the vote: your remedies and deadlines
If the AGM passes the ban resolution, you have two months from the date of formal notification of the minutes to challenge it before the tribunal judiciaire. This deadline is absolute: once it passes, the resolution becomes final even if it was legally flawed. The strongest grounds for challenge are: the absence of a habitation bourgeoise clause in the building rules, insufficient precision in the scope of the resolution, a failure to comply with the required majority rules (the share calculation must be strictly correct), or the unlawful inclusion of a primary residence within the scope of the ban. Before initiating court proceedings, it is also possible to send a formal notice (mise en demeure) to the managing agent setting out the irregularities identified. This step does not pause the two-month deadline but may, on occasion, be enough to obtain a correction or postponement.
How SmartStay supports its owners through regulatory change
At SmartStay, we continuously monitor the regulatory environment for every property we manage in Savoie, Haute-Savoie and Lyon. Whenever one of our owners alerts us to an AGM notice on this subject, we review the building rules and the proposed resolution together, and refer them to the appropriate legal advice when needed. The vast majority of Alpine residences and mountain holiday properties do not include a habitation bourgeoise clause in their building rules — which makes these resolutions very difficult to pass lawfully. For owners whose property is a secondary residence in a building that does carry such a clause, we work to document rental activity in line with the existing framework and to anticipate potential changes. Our role is to give you the confidence to let your property with a clear understanding of the rules that apply to your specific situation.
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