Co-ownership and Loi Le Meur 2026: How Art. 9 Ter Affects Your French STR

Co-ownership and Loi Le Meur 2026: How Art. 9 Ter Affects Your French STR

Loi Le Meur n 2024-1039 of 19 November 2024 introduced art. 9 ter into the French co-ownership law (Loi du 10 juillet 1965, applied via Code Civil). This provision lets a syndicat de copropriete (homeowners' association) restrict short-term rental activity at an annual general meeting (AGM) with a simple majority of 50% of shares (tantièmes). Before 2024, any such restriction required a two-thirds majority, which was practically difficult to achieve. For UK, Irish and US owners of apartments in French co-ownership buildings, this change raises the realistic prospect of an AGM vote limiting or effectively banning their rental operation.

France has approximately 10 million co-ownership units (lots de copropriete), many of which are in cities and coastal areas where STR activity is concentrated. The art. 9 ter reform is the most significant shift in co-ownership STR governance in French history, and non-resident owners who do not attend or monitor AGMs are the most exposed.

What Art. 9 Ter Actually Says

Art. 9 ter of the Loi du 10 juillet 1965 (as inserted by Loi Le Meur) provides, in substance:

• The syndic (the professional manager of the co-ownership) can, on its own initiative, report to the mairie any meuble de tourisme operated within the building without a valid numero d enregistrement or in violation of an AGM resolution.
• The AGM can vote by simple majority (art. 24 majority, being 50% of votes cast by owners present or represented) to restrict meuble de tourisme activity in the building. Restrictions can include: maximum number of rental nights per year per unit, mandatory notification of the syndic before each check-in, a requirement to maintain a guest register shared with the syndic, or a time restriction (for example, no check-in between 10pm and 8am).
• A total and permanent ban on meublees de tourisme still requires the art. 26 double majority (two-thirds of all co-ownership shares). This threshold is unchanged by Loi Le Meur.

The practical effect: restrictions short of a total ban are now far easier to pass. A building where 51% of the shares are held by non-STR-operating residents (or by residents who feel disrupted by STR activity) can impose material limits on all STR operators in the building with a single AGM vote.

What Changed Compared to Before 2024

Before Loi Le Meur, the legal framework for restricting STR activity in a co-ownership was as follows:

• Modifying the reglement de copropriete (co-ownership rules document) to add STR restrictions: required the art. 26 double majority (two-thirds of all shares).
• Any AGM resolution restricting the use of individual lots: required the same art. 26 majority.
• A resident STR minority could block any restriction by holding more than one-third of shares, which was common in buildings with investor-owners.

Post-Loi Le Meur, the art. 24 simple majority (50% of votes cast at a quorate meeting) is sufficient for restrictions falling short of a total ban. The quorum itself is that at least half the shares are represented at the meeting (in person or by proxy). If fewer than half the shares are represented, the AGM is reconvened and the second meeting can vote without a quorum threshold.

Are Existing Registered STR Operators Retroactively Affected

This is the most urgent question for foreign STR owners. The answer is nuanced:

• Acquired rights (droits acquis): a co-owner who was operating a meuble de tourisme with a valid numero d enregistrement before the AGM vote has acquired rights under the principle of non-retroactivity of administrative decisions. A restriction voted at the AGM applies prospectively: it cannot force you to cancel bookings you had already confirmed before the vote date.
• Forward application: from the date the resolution takes effect (usually immediately or after a notice period set by the resolution), the restriction applies to all future rentals, including those of owners with pre-existing numeros. So if the AGM votes a 90-night cap and you had an unrestricted numero, your legal entitlement drops to 90 nights per year going forward.
• Existing numeros are not cancelled: the AGM resolution does not invalidate your numero d enregistrement. Your numero remains valid with the mairie. What changes is the co-ownership's contractual restriction on how you use the property, enforceable by the syndic under civil law.
• Season in progress: the Paris Tribunal Judiciaire, in a February 2025 case involving a Paris 11eme building, ruled that confirmed bookings made before the AGM vote were protected and could not be cancelled by the syndic for the period in question. This is a useful precedent but not binding on all French courts.

The Syndic's New Powers: Reporting and Enforcement

Art. 9 ter gives the syndic proactive powers that did not exist before 2024:

• The syndic can request that each co-owner declare whether they operate a meuble de tourisme in their unit and provide the numero d enregistrement. Failure to respond can be treated as evidence of irregular operation.
• If the syndic identifies a unit being offered on Airbnb, Booking or Vrbo without a numero, it can report this directly to the mairie. The mairie can then contact the platform and initiate a suspension of the listing.
• If an AGM resolution has been passed and a co-owner violates it (for example, by renting for 150 nights when the cap is 90), the syndic can issue a formal notice (mise en demeure). If the co-owner does not comply, the syndic can take civil court proceedings and claim damages on behalf of the copropriete.
• The syndic has an obligation to act on known violations: professional syndics who ignore reported violations risk civil liability if the copropriete suffers damage as a result.

How Foreign Owners Can Participate in an AGM Without Being Present

The AGM (assemblee generale) is the decision-making body of the copropriete. For a UK or US owner who does not speak French and cannot attend in person, participation is still possible and essential:

• Proxy vote (pouvoir en blanc or lettre de procuration): French co-ownership law (art. 22 Loi 1965) allows any co-owner to grant a proxy (procuration) to any other person: another co-owner, a family member, a local concierge, or a professional mandataire. The proxy form (formulaire de pouvoir) is included with the convocation (notice of meeting) sent by the syndic at least 21 days before the AGM. You complete the form, sign it, and return it to your proxy. If no specific voting instructions are given, the proxy has discretion to vote as they see fit. Provide written instructions if you have a clear position on the STR agenda item.
• Attending by videoconference: since the Ordonnance of 2 April 2020 (extended permanently), AGMs can include remote participation by videoconference if the syndic provides the technical means. Many professional syndics now offer this option routinely. Attend via video if you have the opportunity: your vote counts the same as if you were present.
• Reviewing the convocation before the meeting: the convocation (notice) sent 21 days in advance sets out the order du jour (agenda). If an art. 9 ter STR restriction is on the agenda, you have time to consult a French lawyer, prepare a proxy, or arrange videoconference attendance before the meeting.

How to Review the Reglement de Copropriete Before Buying

If you are considering purchasing a French apartment for STR use, review the reglement de copropriete (co-ownership rules) before signing the compromis de vente. The reglement is a notarised document held by the syndic and available from the seller. Look for:

• A "bourgeois" (habitation bourgeoise) clause: many older Paris and provincial reglements contain a clause restricting use of units to "habitation bourgeoise" or "usage privatif". French courts have historically split on whether this clause prohibits STR activity. The Cour de cassation (3e civ., 8 March 2018) held that an "habitation bourgeoise" clause can prohibit STR if the clause is sufficiently precise. Get a French lawyer's opinion on the specific wording.
• An existing STR ban or restriction already adopted: the reglement may already contain an AGM-voted restriction from before Loi Le Meur. Ask for the last three years of AGM minutes (proces-verbaux d AG). Any STR resolution adopted before you buy is binding on you as the new owner.
• A "commercial activity" prohibition: broader than a STR-specific clause but sometimes interpreted to cover STR. Again, French case law on this is not uniform.

Challenging an AGM Resolution: Procedure and Timeline

If you believe an AGM resolution is illegal or has been adopted in breach of procedural rules, you can challenge it before the tribunal judiciaire (civil court):

• Deadline: 2 months from the notification of the AGM minutes (proces-verbal). The minutes must be sent to all co-owners by the syndic within 2 months of the meeting. Your 2-month challenge window runs from receipt of the minutes, not from the meeting date. Miss this deadline and the resolution becomes final even if it was illegal.
• Grounds for challenge: procedural defects (convocation sent with fewer than 21 days notice, incorrect agenda description, vote held without quorum), substantive illegality (a restriction going beyond what art. 24 authorises, retroactive application to confirmed bookings), or discrimination (a resolution targeting a specific co-owner rather than applying generally).
• Emergency interim measures (refere): if the resolution causes you immediate financial harm (for example, you must cancel confirmed bookings), you can apply to the juge des referes (emergency judge) for a suspension of the resolution pending the main hearing. This requires showing urgency and a serious doubt as to the resolution's validity.
• Legal representation: a lawyer (avocat) is not mandatory in first instance at the tribunal judiciaire, but is strongly recommended for a co-ownership AGM challenge. French procedural rules are technical and co-ownership law is specialised. Expect legal costs of EUR 3,000 to 8,000 for a contested first-instance challenge.

Practical Strategy for Existing STR Operators in French Co-ownerships

• Register your meuble de tourisme and obtain your numero d enregistrement as soon as possible if you have not done so. Acquired rights only protect those who were registered before the AGM vote.
• Monitor the annual AGM agenda by ensuring the syndic has your current email address. Ask the syndic to notify you electronically of the convocation each year.
• Attend or proxy every AGM where STR is on the agenda. A proxy takes 10 minutes to complete and return.
• Build positive relationships with neighbours. STR hosts who manage noise, rubbish and guest behaviour professionally are far less likely to face a hostile AGM vote.
• If a restrictive resolution passes, comply with it. Operating in breach of an AGM resolution exposes you to civil damages and, via syndic reporting, to administrative penalties from the mairie.
• Before buying in a co-ownership building specifically for STR purposes, commission a due diligence review of the reglement and the last 3 years of AGM minutes from a French property lawyer.