Tuesday, February 2, 2010

Best Of You Uncensor B-o-y

Condominium: authorization to sue a posteriori

About a ruling of the Supreme Court dated January 13, 2010 (Civ. 3, 13 January 2010, FS-P + B No. 09-10398)

The management agent must act for justice on behalf of the condominium association be authorized by a decision of general meeting (Article 55 of Decree No. 67-223 of 17 March 1967).

Jurisprudence provides for an adjustment after the fact by the general assembly.

This ratification must take place before the judge has ruled.

The Supreme Court also recalls that the ratification must take place before addition of the expiry of the limitation of action.

Yann Gallon - Lawyer

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