Legitimacy of the Condominium Administrator: Commentary on Ordinance No. 21506 of 2024

Recently, Ordinance No. 21506 of July 31, 2024, addressed a crucial issue concerning condominiums and the passive legitimacy of the administrator. The Court of Cassation confirmed its position regarding the administrator's ability to take legal action for the removal of common works, without the need to integrate the adversary party with the condominiums. This ruling, in addition to clarifying fundamental legal aspects, highlights the importance of condominium management in litigative contexts.

The Regulatory Context

The central issue in the examined ordinance revolves around Article 1131 of the Civil Code, which establishes that the condominium administrator is passively legitimized in all disputes concerning common interests. This means that, contrary to other legal situations where passive joinder is necessary, in this case, the administrator can act without having to involve every single condominium owner.

Negative and confessional actions of servitude - Request for removal of common works - Passive legitimacy of the administrator - Existence - Integration of the adversary party with condominium owners - Necessity - Exclusion. The second paragraph of Article 1131 of the Civil Code, by providing for the passive legitimacy of the administrator in relation to any dispute concerning common interests of the condominium owners (without distinguishing between declaratory actions and constitutive or condemnatory actions), deviates from the rules applicable to other cases of plurality of passive subjects, thus addressing the need to make it easier for third parties to summon the condominium in court, without the necessity of promoting passive joinder against the condominium owners. Therefore, regarding negative and confessional actions of servitude, the passive legitimacy of the condominium administrator exists even when the action is aimed at obtaining the removal of common works.

Implications of the Ruling

This ruling has significant practical implications for condominium owners and the management of condominium disputes. In particular, it clarifies that:

  • The administrator has the power to act without directly involving every condominium owner, thus simplifying legal procedures.
  • Passive legitimacy is also extended to actions concerning the removal of common works, making dispute resolution more efficient.
  • The Court aimed to ensure adequate protection for common interests, promoting unity and cohesion within the condominium.

Conclusions

In conclusion, Ordinance No. 21506 of 2024 represents a significant step in recognizing the legitimacy of the condominium administrator. The simplification of the legal process allows for more effective handling of disputes concerning common works and servitudes. It is essential that condominium owners and administrators are aware of these provisions to ensure smoother and more collaborative condominium management.

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