Discharge Granted to the Trustee at the Annual General Meeting: Important Clarification
In 2010, a building manager was alerted to the need to quickly address water seepage and the swelling of a facade beam. However, he waited three years before seeking the architect’s opinion, who then recommended that the work be carried out urgently. Another three years would pass before the property manager submitted the proposal for the work to a vote at the general meeting; the work was ultimately not completed until 2018.
In 2010, a building manager was alerted to the need to quickly address water seepage and the swelling of a facade beam. However, he waited three years before seeking the architect’s opinion, who then recommended that the work be carried out urgently. Another three years would pass before the property manager submitted the proposal for the work to a vote at the general meeting; the work was ultimately not completed until 2018.
The property manager defended himself, citing the discharge resolution passed by the general meeting, which, in his view, absolves him of all liability. To no avail.
A co-owner who votes in favor of a resolution of the general meeting of the co-owners’ association granting discharge to the property manager, even if he or she is not entitled to request, pursuant to Article 42, paragraph 2, of Law No. 65-557 of July 10, 1965, the annulment of that resolution, may seek to hold the property manager liable in tort to obtain compensation for personal damages resulting from the property manager’s negligence.
