Having found that the general meeting

This decision provides important insight into your family and property rights. Here is what it changes for you.

The situation

Having found that the general meeting of co-owners which had resolved on façade refurbishment works had given full powers to the building manager (syndic) to identify the co-owners who wished to pay their share of the contribution out of their own means and to seek a loan for the others; that the statement of the debts of the owners' association, representing close to three years of its budget, had been brought to the co-owners' attention at that same meeting; and holding that Article 35 of the Decree of 17 March 1967 allowed the building manager, before placing the order for the works, to call for funds and to have the renovation works carried out only once the necessary funds had been raised, a Court of Appeal was entitled to hold that, while the building manager was not responsible for the owners' association's impecuniosity, he had committed a breach of duty towards the company entrusted with the works, which amounted to a substantial sum, given that, knowing the indebted financial position of that association and having concealed it from the company, he had placed that order without first having secured the necessary funds.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing an appeal
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice always costs less than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.