Small Condominiums: Written Authorization and Work on Common Areas
In a building with two co-owners, one of them had received the other’s consent, prior to June 1, 2020, to carry out work to replace windows and build balconies. The other co-owner ultimately sued him to have the structures demolished, as the work had been carried out without authorization from the general meeting.
Upon review of the case, the Court of Cassation confirmed that, under the law in effect prior to the order of October 30, 2019, authorization granted by one of the co-owners outside the context of a general meeting does not render valid the work carried out by the other co-owner without the meeting’s authorization.
However, the solution would be quite different today, since the ordinance of October 30, 2019—which reforms condominium law and took effect on June 1, 2020—now allows decisions to be made in writing without convening a general meeting in small condominium associations and in those with only two co-owners.
