Challenge to the Special General Meeting Establishing a Secondary Union
When a property consists of several buildings, the co-owners whose units make up one or more of those buildings may, at a special general meeting, decide—subject to the majority requirements set forth in Article 25—to form a secondary association among themselves.
That was the case here. The co-owners had then sued the secondary homeowners’ association to have the general meeting annulled, without summoning the primary homeowners’ association to the hearing.
The judges granted this request and ruled that the secondary homeowners' association would therefore be dissolved. However, in its defense, the secondary association argued that the primary homeowners' association should have been named as a party to the case. To no avail.
Pursuant to Article 27 of the Law of July 10, 1965, the Court of Cassation holds that the primary association need not be heard or summoned in proceedings seeking the annulment of a special general meeting—to which the primary association was not summoned—following the creation of a secondary association.
